IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1448 of 2010 1. AWADH KISHORE PRASAD S/O LATE BAIDYANATH SAHAY R/O VILL- SARON, P.O. ASARGANJ, DISTT. MUNGER Versus 1. THE STATE GOVT. THROUGH THE PRINCIPAL SECRETARY TO GOVT. WATER RESOURCES DEPTT. SINCHAI BHAWAN, HARDING ROAD, PATNA 2. THE ENGINEER-IN-CHIEF WATER RESOURCES DEPTT. SINCHAI BHAWAN, HARDING ROAD, PATNA 3. THE CHIEF ENGINEER WATER RESOURCES DEPTT. (IRRIGATION) AT, P.O./P.S. & DISTT. BHAGALPUR 4. THE SUPERINTENDING ENGINEER WATER RESOURCES CIRCLE (IRRIGATION) KHARAGPUR DISTT. MUNGER 5. THE EXECUTIVE ENGINEER WATER RESOURCES DIVISION (IRRIGATION) TARAPUR, P.O. & P.S. TARAPUR, DISTT. MUNGER ----------- 2/ 27/07/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim of the petitioner is for grant of second time bound promotion with effect from 1.5.1994 as also for grant of A.C.P. in his capacity as Muharrir in the Tarapur Executive Engineer Irrigation Office. He also alleges discrimination with his colleague Jivan Prasad Yadav who has been granted such time bound promotion even after his superannuation and likewise his A.C.P. matter is under consideration. The petitioner acknowledges having been granted first time bound promotion by an order dated 16.8.1989 vide Memo. No.330 with effect from 1.4.1981. The respondents rejected his claim by an order dated 2.4.2008 stating that persons in the Accounts cadre cannot be considered for time bound promotion unless they - 2 - clear the Accounts examination. The petitioner has replied to it on 21.11.2008 that he was not from the Accounts cadre and that he had been granted first time bound promotion. The respondents have maintained a studied silence thereafter leading to the present writ application. No useful purpose is going to be served by keeping the writ application pending for filing of a counter affidavit which, in any event, should have been done in the last six months already available to the respondents after two copies of the writ petition were served in the office of the learned Advocate General, the second copy to facilitate filing of a counter affidavit. Let the respondents consider the representation of the petitioner for grant of second time bound promotion in light of the discussion as aforesaid and pass a reasoned and speaking order within a maximum period of two months from the date of receipt/presentation of a copy of this order. It is expected that if the respondents find justification in the claim or any part of the claim, necessary consequential orders shall be issued simultaneously within the same period. The writ application stands disposed. KC ( Navin Sinha, J.)