IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3891 of 2007 Raghunath Roy, AGED ABOUT 60 YEARS, SON OF SRI RAJ KISHORE ROY, RESIDENT OF VILLAGE- MAGARDAHI, WARD NO. 24, P.S. TOWN, DISTRICT- SAMASTIPUR :--PETITIONER. Versus 1. The State Of Bihar 2. DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. INSPECTOR GENERAL OF POLICE (LAW & ORDER), BIHAR, PATNA. 4. SUPERINTENDENT OF POLICE, SAMASTIPUR :--- RESPONDENTS. ---------------------------------- 3. 27.09.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Accounts Clerk in the office of Superintendent of Police, Samastipur with effect from 28th February, 2005. He has filed this writ petition on 26.3.2007 praying, inter alia, to direct the respondent authorities to consider his case for grant of second time bound promotion with effect from 6.10.1994 as the first time bound promotion was allowed to him with effect from 1.4.1981. In the writ petition prayer has also been made to direct the authorities to consider the case of the petitioner for grant of A.C.P. benefits under the 2003 Rules with effect from 1.1.1996 until the date of his superannuation. 3. Aforesaid prayer of the petitioner is being refuted by the State counsel with reference to the averments made in the counter affidavit on the ground that petitioner having not passed the Departmental Accounts Examination is not entitled for grant of second 2 time bound promotion as also the A.C.P. benefits for the period between 1.1.1996 till the date of his retirement. 4. Counsel for the petitioner in rejoinder submitted that as petitioner was allowed first time bound promotion with effect from 1.4.1981 without passing the Departmental Accounts Examination the plea of non- passing of the Departmental Accounts Examination should not be allowed to be raised by the State- authorities while considering the case of the petitioner for grant of second time bound promotion. 5. I regret not to accept such submission in view of the fact that the petitioner was allowed first time bound promotion without passing the Departmental Accounts Examination with effect from 1.4.1981 as during the period between 1.5.1980-29.3.1982 i.e. the date of merger of Lower Division Clerk into Upper Division, no correction-slip was issued making correction in the Board Miscellaneous Rules and, as such, petitioner was rightly allowed first time bound promotion without passing the Departmental Accounts Examination with effect from 1.4.1981. The correction-slip having already issued on 29.3.1982 i.e. much before the due date for grant of second time bound promotion to the petitioner, in my opinion, he should have passed the Departmental Accounts Examination before the aforesaid date. As the petitioner could not pass the Departmental Accounts Examination although he made attempts for passing such 3 examination, the authorities are required to consider his case from exemption from passing the Departmental Accounts Examination after he attained the age of 50 years. Accordingly, I direct the competent authority amongst the State-respondents to consider the case of the petitioner for grant of exemption from appearing in the Departmental Accounts Examination with effect from the date he reached 50 years of age. Such consideration be made, as early as possible, in any case, within a period of two months from the date of receipt/production of a copy of this order before the competent authority and once he is allowed the benefit of exemption from appearing in the Departmental Accounts Examination with effect from the date he attained the age of 50 years, his case be considered for grant of second time bound promotion from the date he attained the age of 50 years or the due date i.e. 6.10.1994, whichever is later. In view of my directions above, the impugned order bearing Memo No. 522 dated 24.1.2007, Annexure-1 is quashed. 6. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)