IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7257 of 2009 QUADIRUL HASAN KHAN, SON OF ZAFIRUL HASAN KHAN, R/V TARIYATI, P.O. BAZITPUR, P.S. MANIGACHHI, DISTRICT DARBHANGA AT PRESENT RESIDING IN THE HOUSE OF PROF. IRSRAIL HASAN KHAN, QUILA CHOWK, P.O. M.I.T., MUZAFFARPUR, P.S. BRAHMPURA, DISTRICT MUZAFFARPUR-----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY-CUM- ADDITIONAL COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHIEF ENGINNER, NATIONAL HIGH WAY WING, GOVT. OF BIHAR, PATNA. 5. THE SUPERINTENDING ENGINEER, N.H. CIRCLE, MUZAFFARPUR. 6. THE EXECUTIVE ENGINEER, N.H. DIVISION, MUZAFFARPUR. 7. THE SCREENING COMMITTEE OF N.H. CIRCLE, MUZAFFARPUR REPRESENTED THROUGH THE SUPERINTENDING ENGINEER,N.H. CIRCLE, MUZAFFARPUR------RESPONDENTS. ----------- 02. 01.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner, who is a Correspondence Clerk is aggrieved by the office order bearing No. 04 dated 1.6.2009, Annexure-5 whereunder the Assured Career Progression granted to him under Memo No. 377 dated 30.5.2007 in the scale of Rs. 5,000-8000/- has been withdrawn on the ground that he has not passed the departmental examination. 3. It is submitted on behalf of the petitioner with reference to the Bihar State Employees Service Condition (Grant of Assured Career Progression) Rules, 2003 as contained in Annexure-6 and the amended Rules of 2006 as contained in Annexure-6/1 that it is not necessary to pass departmental examination for grant of ACP and for failure of the petitioner to pass the departmental examination, already granted first ACP ought not to have been withdrawn by the impugned 2 order, Annexure-5. Against the impugned order, Annexure-5, which has been passed by the Superintending Engineer, N.H. Circle, Muzaffarpur petitioner has a remedy before the Engineer-in-Chief cum Special Secretary cum Additional Commissioner, Road Construction Department, Govt. of Bihar, Patna, respondent no.3. 4. Having heard counsel for the petitioner and the State, it is observed that petitioner should first assail the impugned order, Annexure-5 by filing a representation before respondent no.3, which should be considered as early as possible, in any case within one month from the date of receipt of the representation. During the pendency of the representation petitioner is at liberty to request the respondent no.3 to even grant interim relief. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)