IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10826 of 2009 RAMESHWAR SAH, SON OF LATE RAM EKBAL SAH, RESIDENT OF SAMARIYA, POLICE STATION REVELGANJ, DISTRICT SARAN---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE CHIEF ENGINEER, RURAL DEVELOPMENT SPECIAL REGION, HARDING ROAD, BARACK NO.2, PATNA. 3. THE CHIEF ENGINEER, RURAL WORK DEPARTMENT-3, HAJIPUR, (CAMP AT VISHESWARAIYA BHAWAN, PATNA). 4. THE SUPERINTENDEING ENGINEER, RURAL WORK DEPARTMENT, WORK CIRCLE,(ANCHAL)-2, CHAPRA----RESPONDENTS. ----------- 02. 28.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner has been allowed the benefit under Assured Career Progression Scheme by the Chief Engineer, Rural Works Department-3, Hajipur, Respondent No.3 with effect from 9.8.1999 in the scale of Rs.5000-8000/- and 5500-9000/- but the monetary benefit in lieu thereof has been allowed with effect from 22.10.2008, the date on which he was exempted from passing the departmental examination. 3. It is submitted on behalf of the petitioner that he was earlier allowed time bound promotion with effect from 1.4.1982 i.e. prior to 1.9.1983 and in terms of the circular of the Finance Department bearing No. 465 dated 13.2.1995 those who have been allowed any promotion prior to 1.9.1983 need not appear in the departmental examination for earning subsequent promotion. It is further submitted that for grant of monetary benefit with effect from the date petitioner has been found eligible for grant of monetary benefit under Assured Career Progression Scheme, he has filed representation dated 24.3.2008 which is addressed to the Chief Engineer, Rural Works Department-3, Hajipur, Respondent No.3 and - 2 - is contained in Annexure-5 to this application. 4. Let the Chief Engineer, Rural Works Department-3, Hajipur, Respondent No.3 consider the representation dated 24.3.2008, Annexure-5 in accordance with law in the light of the circular of the State Government bearing No. 465 dated 13.2.1995 in accordance with law as early as possible, in any case within two months from the date of receipt/production of a copy of this order. It is made clear that in the event, representation is allowed petitioner be given the monetary benefit also within the same time. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)