IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1661 of 2005 RAM SURESH SINGH . Versus STATE OF BIHAR . ----------- 6. 1.12.2010 Heard learned counsel for the petitioner, for the State as also for the Accountant General. The writ Court had rejected the argument that the petitioner ipso facto was entitled to annual increments from the date of retrospective promotion irrespective of the fact of clearing the departmental examination. The directions contained were that the benefit of increments shall be available from the date of promotion for a period of three years. The petitioner was required to clear the departmental examination within three years. In that event, the promotion granted with retrospective effect was available along with increments. Failure to clear the exam within three years from the date of promotion could lead to stoppage of increments after three years. Thereafter the increments were to be available as and when the examination was passed prospectively. There were to be no increments after three years till the passing of the examination. From the rejoinder to the show cause, more particularly, Paragraph-7, it goes beyond pale 2 of controversy that the petitioner was promoted on 20.4.1990 but cleared the departmental examination beyond the period of three years on 14th of November, 1994. No case has been made for proceeding in the contempt jurisdiction. If the petitioner is aggrieved by any quantum of payment made to him, his remedy lies in either representing before respondents or seeking remedy in a fresh writ application. The proceeding stands dismissed. P. Kumar ( Navin Sinha, J.)