IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6500 of 2010 1. SURENDRA PRASAD SINGH S/O LATE RAMESHWAR SINGH R/O VILL. & P.O. AKHTIYARPUR, P.S.- BIKRAM, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, WATER RESOURCES DEPARTMENT, PATNA BIHAR 2. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT DEHRI-ON-SONE, ROHTAS UNDER DEHRI- ON-SONE DIVISION, DISTT.- ROHTAS 3. THE EXECUTIVE ENGINEER JAMANIYA PUMP NAHAR PRAMANDAL RAMGARH BHABHUA UNDER DEHRI-ON-SONE DIVISION ----------- 3 06.01.2011 It is not disputed that the petitioner had crossed 50 years of age at the relevant time when he was refused the benefits of time bound promotion as well as ACP. Therefore, petitioner has approached this Court for a direction to the respondents to grant the said benefits to him. A counter affidavit has been filed in which the stand of the respondents is that since the petitioner had not passed the Accounts examination he was not entitled for the benefits. Learned counsel for the petitioner refers to orders passed by this Court in CWJC No.16282 of 2009 dated 7.1.2010 and two earlier orders of this Court annexed as Annexure-1(A) series with his reply to show 2 that this Court has held that passing of Accounts examination is not an essential requirement for grant of ACP. Moreover, this is also not disputed that if the concerned Government servant has crossed the age of 50 years by the time he had become entitled for grant of ACP the said requirement shall be treated as waived. In the circumstances, this writ application is disposed of with a direction to the respondents to consider the claim of the petitioner for grant of benefits of time bound promotion and ACP from the due date and pass orders in this respect in accordance with law with orders of consequential monetary benefits to him preferably within a period of three months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)