IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4016 of 2002 LAL BABU THAKUR Son of late Ram Chandra Thakur, resident of village- Yarpur Rajputana, P.S. GarGardanibagh, Patna............... Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Finance Department, Bihar Patna. 3. The Deputy Secretary, Finance Department, Govt. of Bihar, Patna.. 4. The Commissioner-cum-Secretary, Water Resources Department, Bihar, Patna. 5. The Additional Secretary, Water Resources Department, Govt. of Bihar, Patna. 6. The Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna. 7. Superintending Engineer, Flying Squad, Circle-1, Water Resources Department, Govt.of Bihar,Patna..Respondentjs. ----------- Advocate for the petitioner : Mr. Amit Shankar and Mr. Dilip Kumar Jha :- Advocates Advocate of the State.:- Mr. Ranjan Kumar,J.C. to AAG-9 6 5-12-2008 Heard learned counsel for the petitioner and learned counsel for the State. By the impugned order dated 22-12-2001 (annexure-2) promotion granted to the petitioner in junior selection grade ( Old scale Rs.680 to 965) vide memo no. 378 dated 20-3-1990 has been cancelled on the ground that petitioner had not passed the required examination in account. On behalf of petitioner reference has been made to statement in supplementary affidavit that he has cleared different papers in account firstly, on 31-1-1995 and finally on 2-6-98. However, those dates are much subsequent to the date of promotion - 2 - Naresh which has been cancelled. Admittedly, petitioner had not passed the required examination in account on 20-3-1990. On behalf of petitioner reliance was placed upon a judgment of this court in the case of Lala Devendra Prasad Vrs. The State of Bihar reported in 2000(1) PLJR 228. That judgment related to grant of time bound promotion and in that context it was held that for time bound promotion there were no specific requirement of passing departmental examination. This court finds no merit in this writ petition. It is accordingly dismissed. This order shall not stop the petitioner from claiming promotion from subsequent dates when he may have become eligible for promotion, provided he has not been granted such promotion from a later date. (Shiva Kirti Singh,J)