IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2241 of 2010 1. PRITHWI NATH TIWARY S/O LATE DHURANDHAR TIWARY R/O JIGANA TIWARY TOLA, P.S.- REVILGANJ, DISTT.- SARAN Versus 1. THE STATE OF BIHAR 2. THE CHIEF ENGINEER DEPARTMENT OF WATER RESOURCES , SIWAN 3. ADHICHHAN ABHIYANTA RUANKAN AAYOJAN EVAN GUNA NIYANTRAN ANCHAL, SIWAN 4. THE DEPUTY DIRECTOR null VAIGYANIK GUNA NIYANTRAN PRAMANDAL SANKHYA - 3, SIWAN ---------- 2. 16.8.2010 Heard learned counsel for the petitioner and the State. The petitioner questions the order dated 12.9.2009 cancelling his first time bound promotion granted on 4.10.1988. The petitioner is stated to have superannuated in the meantime on 30.6.2009. The ground mentioned in the impugned order is that he has not cleared the third paper of the Accounts examination. Learned counsel for the petitioner from the supplementary affidavit contends that the petitioner had cleared the third paper also. The counter affidavit at Annexure-A contains a show cause notice dated 10.8.2009 after his superannuation as to why the first time bound promotion be not cancelled. The impugned order then goes on to notice that he has been granted exemption in the third paper on 15.10.2008 on the date that he completed 50 years of age i.e., 9.8.1999. 2 It cannot be lose sight of that a time bound promotion granted on 4.10.1988 is sought to be cancelled as late as on 12.9.2009, after the master-servant relationship stood severed on 30.6.2009, and that the petitioner has been granted exemption subsequently with regard to the third paper of accounts. It is not considered necessary to go into his contention that he has cleared the third paper also. This Court in the entirety of the matter, whether it be the issue of exemption or that the impugned order has been passed after severance of the master-servant relationship keeping in mind the long years after which the respondents have woken up when there has been no misrepresentation by the petitioner finds it difficult to sustain the order dated 12.9.2009. The impugned order dated 12.9.2009 is accordingly set aside. The petitioner is entitled to be considered for grant of second A.C.P. accordingly preferably within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands allowed P. Kumar ( Navin Sinha, J.)