IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13168 of 2005 1. Raja Ram Sinha son of late Nagendra Nath Singh, R/o village- Dhobgama, P.S. Kalyanpur,Dist. Samastipur. 2. Vijay Kumar Singh son of late Ram Kumar Singh, R/o Sikandarpur, P.S.Muzaffarpur, Dist. Muzaffarpur 3. Ramakant Mishra son of late Bindeshwar Mishra, resident of village-Bara, P.S. Parihar, Dist. Samastipur. 4. Bishwa Nath Dubey son of late Rameshwar Dubey R/o village Jogbani, P.S.Jogbani, Dist. Araria. 5. Md. Mumtaj Ahamad son of Abdul Jalil, R/o Azad Chowk, Mehsaul Jor, P.O. Mehsaul, Dist. Sitamarhi. 6. Baidh Nath Singh son of Sri Surya Prasad Singh, resident of village-Dharampur Kuraiyan, Post office-Isha Kela, P.S. Dighawara, Dist. Saran ( Chapra) ---Petitioners. Versus 1. The State of Bihar 2. The Secretary, Minor Irrigation Department, Bihar, Patna. 3. The Deputy Secretary, Minor Irrigation Department, Bihar Patna. 4. The Chief Engineer, Minor Irrigation Department, Muzaffarpur. 5. The Executive Engineer, Minor Irrigation Division, Muzaffarpur. 6. The Executive Engineer, Minor Irrigation Division, Hajipur. ---Respondents. 03 29.07.2011 Heard Mr. P.N. Pathak, learned counsel for the petitioners and learned Assistant Counsel to AAG-6 for the State. 06 petitioners have joined hands in filing the present writ petition seeking appropriate writ/direction/order to quash letter under memo no. 445 dated 28.05.2004 as contained in Annexure-1 whereby a direction was issued to all the Chief Engineers, Superintending Engineers and Executive Engineers in the Department of Minor Irrigation to ensure that no Accounts Clerk get the benefit of increment until they clear the Accounts examination. It is the stand of the petitioners that on the recommendation of the fitment Committee the aforesaid condition was imposed by a circular/order/resolution issued in the Department of Finance as 2 contained in resolution no. 660 dated 08.02.1999. Learned counsel submits that the aforesaid resolution has been nullified/modified by another order/notification of the Government issued in the Department of Finance as contained in memo no. 2001/6201/V.(2) dated 23.08.2007 whereby passing of Accounts examination for the Account Clerk/Assistant to earn increment as per resolution no. 660 dated 08.02.1999 (clause 36) has been withdrawn/modified. Learned counsel for the State, after going through the aforesaid order/resolution of the Government, submits that the matter requires fresh consideration by the Government in the light of aforesaid circular of the Finance Department issued in 2007. This Court, in that view of the matter, permits the petitioners to file representation in this regard bringing to the notice of the appropriate authority of the Government the aforesaid notification/order/resolution of the Government issued in the Department of Finance within a period of 04 weeks from today. If any such application is filed, the concerned respondent of the Government shall consider and dispose of the same in accordance with law by a reasoned order within a period of 06 weeks of its filing. The application is disposed of. Sym ( Kishore K. Mandal, J. )