IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7022 of 2011 Upendra Mohan Jha, son of late Rama Kant Jha, resident of village Chiknouta, P O – Bishnudattpur, P S – Karza, District - Muzaffarpur Versus 1. The State of Bihar through the Secretary cum Commissioner, Road Construction Department, Bihar, Patna. 2. The Superintending Engineer, Saran Road Circle, Hajipur, Vaishali. 3. The Executive Engineer, Road Construction Division, Siwan. 4. The Executive Engineer, Road Construction Division, Chapra. ----------- 04. 05.08.2011 Counter affidavit has been filed today on behalf of respondent No.2. They have brought on record two notifications contained in Annexure-A and H, by virtue of which the benefits of 2nd and 3rd ACP have been given. They have explained the reason for non-grant of 1st ACP that petitioner has not passed the accounts examination. The benefit has accrued from the date of passing of the examination. Contention of the counsel for the petitioner that passing of the departmental or accounts examination should not have been held out a condition precedent as people after the age of 50 years are entitled to exemption, does not seem to be borne out from the perusal of the ACP scheme because passing of the departmental examination and fulfilling all the requirements for a substantive promotion is a pre-condition. Since there is no automatic exemption from passing of the examination on attaining the age of 50 years, therefore, such provision will not help the petitioner unless exemption was demanded and given. 2 Since the petitioner has been given benefits now and at least from the date he has passed the accounts examination, there is nothing wrong with the decision of the respondents to extend the benefit to the petitioner from the date in question. All other submissions therefore have no relevance. Petitioner has been granted what he deserves in accordance with the rules. Writ in the above stated circumstances stands disposed of. rkp ( Ajay Kumar Tripathi, J.)