IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9539 of 2010 1. Om Prakash S/O Late Lal Bihari Mehta R/O Bibi Ganj Bhathapur, P.S. Danapur Cantt., Distt-Patna Versus 1. The State Of Bihar , Through Principal Secretary, Road Construction Department Bihar, Patna 2. Commissioner Cum Secretary, Road Construction Department Bihar, Patna 3. Chief Engineer , Road Construction Department Bihar, Patna 4. Superintending Engineer, Road Construction Bhojpur, Circle, Arrah 5. Executive Engineer, Patna West Road Division Patna ----------- 3. 19.10.2011 Heard learned counsel for the petitioner and the State. The relief originally sought in the writ application was for quashing of the order dated 14.1.2010 cancelling the first time bound promotion granted to the petitioner on the ground that he had not passed the Departmental Accounts Examination. Directions were given simultaneously for recovery also. A supplementary affidavit is filed today on behalf of the petitioner. It is stated therein that the petitioner has passed all papers of the Departmental Accounts Examination subsequently and therefore the time bound promotion granted to the petitioner with effect from 22.5.1991 may be restored. Rather than to keep the writ petition pending, keeping in mind that the petitioner has finally passed the Departmental Accounts Examination as was submitted on his behalf, the 2 matter is remanded to the respondents to reconsider the order dated 14.1.2010 with the observation and direction that if the petitioner has finally passed the examination there shall be no justification for sustenance of the order dated 14.1.2010 in the changed circumstances. If any recovery has been affected from the petitioner in pursuance of the impugned order it is expected that the same shall be refunded and the benefits of continuity of the time bound promotion to the petitioner with effect from 22.5.1991 shall be maintained. The counter affidavit states that grant of A.C.P. was an entirely different matter. Let the respondents now pass appropriate orders in respect of both within a maximum period of eight weeks from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)