IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6038 of 2002 RAM BRIKSH SINGH Versus THE STATE OF BIHAR & ORS ----------- 5/ 25/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was promoted from the post of Junior Engineer to the post of Assistant Engineer vide notification dated 11.9.1996 with effect from 27.12.1978. He was, however, aggrieved by denial of his increments on the basic pay of Assistant Engineer when he came to this Court in C.W.J.C. No.10619/01. On 17.8.2001 this Court disposed the writ application with liberty to represent before the authorities which was required to be disposed after examining the relevant records. By order dated 25.1.2002 the increments have been denied to him on the premise that he had failed to clear the departmental examinations within the time for the purpose under the concerned Rules. Learned counsel for the petitioner submitted that the time period for clearing the departmental examinations in parts A, B and C papers was two years from the date of joining - 2 - the promotional post for which he placed reliance on appendix-IV of the P.W.D. Code, at Annexure-4 to the writ application. The petitioner was granted promotion on 11.9.1996. He cleared papers B and C in 1996 itself, but failed to clear paper-A. Till his superannuation on 31.07.1998 no fresh examinations were held, a fact which has specifically been averred in paragraph-18 of the writ petition. The counter affidavit of the respondents does not deny the pleadings in paragraph-18 and, in fact, chooses not to answer the same. Applying the principles of non traverse, this Court has no hesitation in holding that the petitioner was denied the opportunity to clear the paper-A examination during his service period well within the limitation of two years for reasons not attributable to him. He cannot therefore be faulted with for the lapses of the respondents. The contention of the petitioner is that he was granted such promotion by a notification dated 11.9.1996 bearing Memo No.3219. This has been specifically asserted in paragraph-19 of - 3 - the writ application to which the order is appended as Annexure-7. The respondents in their counter affidavit have chosen not to deny paragraph-19 and, in fact, do not deal with the same at all. However, at paragraph-3 of the counter affidavit a controversy is sought to be created that the petitioner was promoted with effect from 27.12.1978 by notification No.1126 dated 20.4.1990. Presumably on this basis the respondents seek to suggest that the petitioner did not clear the departmental examinations within the stipulated period under the Rules. However, no copy of such notification has been appended to the counter affidavit. This Court on a combined reading of absence of any denial of paragraph-19 of the writ application along with Annexure-7, a document of the respondents, does not consider it worthy of giving any credence to the statements made in paragraph-3 of the counter affidavit that the petitioner was promoted by any notification dated 20.4.1990. The plea of the respondents in that regard is, therefore, rejected for reasons to be ascribed to them - 4 - alone. In view of the fact that the petitioner has already cleared the papers in the B and C category and was denied the opportunity to appear in the paper-A for reasons beyond his control, attributable to the respondents themselves well within the limitation of two years, this Court holds that he shall be entitled to his annual increments on the basic pay of Assistant Engineer from the date of his promotion. Let such monetary benefits be made available to the petitioner within a period of 12 weeks from the date of receipt/production of a copy of this order. The writ application stands allowed. KC ( Navin Sinha, J )