IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7818 of 2005 Rajendra Prasad Singh SON OF LATE SUNDER SINGH RESIDNET OF BHAIRWAR, P.S. BEGUSARAI MUFASSIL, BEGUSARAI. Versus The State Of Bihar & Ors ---------------------------------- 6 26/08/2011 Vide order dated 10.05.2003 contained in annexure-1 the Superintending Engineer, Rural Engineering Organisation (R.E.O.) Works Circle, Darbhanga has annulled the time bound promotion given to the petitioner from retrospective effect i.e. 06.03.1984 on the ground of non passing of Accounts examination. Order further directs recovery to be made for the so called excess amount paid. Learned Senior Counsel representing the petitioner submits that in identical situation two other writ applications filed by similarly situated persons have come to be allowed by two different orders passed by a Bench of this Court. The orders are dated 30.06.2011 relating to C.W.J.C. No. 4200 of 2007 and C.W.J.C. No. 4166 of 2007. The Court has gone through the orders in question. Since in an identical situation reliefs have already been granted in favour of those petitioners, there - 2 - is no reason why the present petitioner should be treated differently. The rationale or reasoning given by the learned Single Judge in the above mentioned cases, therefore, would be available even to the present petitioner. Learned counsel for the State informed the Court that certain subordinate officials have decided to assail those orders by filing L.P.A. The said decision is at a very nascent stage. He does not even know whether superior authorities will ultimately permit the Department to file L.P.A. or not. If no L.P.A. has been filed against those orders so far, then there cannot be a ground to stay the hands of this Court because the State has freedom to assail this order also, if they so like, before the Division Bench. In the circumstances, the impugned order contained in annexure-1 is hereby quashed. This writ application is allowed. Petitioner would be entitled to the benefit of time bound promotion even now and if any recovery has been effected, the same shall be reimbursed or returned to him. AMIN/ (Ajay Kumar Tripathi, J.)