IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6969 of 2007 Madan Dhari Sharma, SON OF LATE SHARYUG SINGH, RESIDENT OF VILLAGE- ASPURA, P.S.- VIKRAM, DISTT.- PATNA. :---PETITIONER. Versus 1. The State Of Bihar THROUGH THE COMMISSIONER-CUM- SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR REVENUE ADMINISTRATION, WATER RESURCES DEPARTMENT, GOVT. OF BIHAR, PATNA, NOW MERGED/AMALGAMATED WITH THE OFFICE OF THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, PATNA. 3. THE DEPUTY COLLECTOR REVENUE DIVISION, PATNA, NOW MERGED/AMALGAMATED WITH THE OFFICE OF THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, KHAGAUL, PATNA :---RESPONDENTS. ---------------------------------- For the petitioner : Mr. Sunil Kumar Verma, Advocate. For the State : Ms. Priya Gupta, A.C. to A.A.G. 12 ======== 2. 22.12.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated with effect from 30.6.2003 while serving on the post of Clerk in the office of the Executive Engineer, Sone Canal Division, Khagaul, Patna. He has filed this writ petition praying, inter alia, to consider his case for grant of A.C.P. benefits under the 2003 Rules which has come into effect with effect from 9.8.1999. 3. It is submitted on behalf of the petitioner that he could not pass Departmental Accounts Examination but considering the fact that he served in the Works Department he was allowed the benefit of two time bound promotions and in appreciation of such fact his case is required to be considered for grant of 2 A.C.P. benefits also. Learned counsel for the petitioner also submitted that even under the instructions of the Government Class-III employees who are unable to pass the Departmental Accounts Examination and have attained the age of 50 years are entitled for being considered for grant of exemption from passing the departmental examination. 4. Having heard counsel for the petitioner and the State, I direct the competent authority of the Water Resource Department to consider the case of the petitioner for grant of exemption from passing the Departmental Accounts Examination with effect from the date he attained the age of 50 years and if such exemption is allowed then to consider his case for grant of A.C.P. under the 2003 Rules in accordance with law, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the competent authority of the Water Resource Department. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)