IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1805 of 2007 MOHD. MERAJ, SON OF LATE MD. MOINUDDIN RESIDENT OF VILLAGE SAMASTIPUR, POST OFFICE SIMRI BAKTHTIARPUR, POLICE STATION BAKTHTIARPUR, DISTRICT SAHARSA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT (RURAL ENGINEERING ORGANISATION), PATNA. 2. THE DIVISIONAL COMMISSIOENR, KOSHI DIVISON, SAHARSA. 3. THE SECRETARY TO THE DIVISIONAL COMMISSIONER, KOSHI DIVISON, SAHARSA. 4. THE SUPERINTENDING ENGINEER, RURAL ENGINEERING ORGANIZATION (R.E.O.) WORKS CIRCLE, SAHARSA. 5. THE EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANIZATION (R.E.O.) WORKS DIVISION, SAHARSA. 6. THE EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANIZATION (R.E.O.) WORKS DIVISION, MADHEPURA. ---------------- 02. 05.08.2011 Heard learned counsel for the petitioner and the State. Petitioner at the relevant time served as Accounts Clerk in the office of Rural Engineering Organization(R.E.O.), Works Division, Saharsa. He has filed this writ petition challenging the order passed by the Commissioner, Koshi Division, Saharsa contained in letter no.65 dated 3.1.2007, Annexure-3, whereunder first time bound promotion granted to him under Superintending Engineer, R.E.O., Works Circle, Saharsa order no.112 dated 2 15.01.1991 in the scale of Rs.1400-2600/- with effect from 9.12.1990 has been cancelled in the light of the provisions of the Board Miscellaneous Rules, 156- 157 and the circular of the State Government bearing No.4178 dated 12.08.1992. 3. Counsel for the petitioner further prayed for grant of ACP under Assured Career Progression Scheme, 2003. Counsel for the petitioner also submitted that petitioner passed the departmental accounts examination, part I in the year 1998, from the year 2000 till date no departmental examination has been held so as to enable the petitioner to pass part-II examination. In this background, it is submitted that if the authorities would have conducted the departmental examination after the year 2000 petitioner would have cleared the same and his first time bound promotion granted with effect from 9.12.1990 could have been regularized in the light of the result of the subsequent departmental accounts examination. In this connection, he has also placed reliance on the judgment of the Hon’ble Single Judge of the High Court in the case of Syed 3 Mozammil Ashraf Versus The State of Bihar and Ors., reported in 2007(1) PLJR 438 and desires reconsideration of the recall of his first time bound promotion made under letter no.65 dated 3.1.2007, Annexure-3 in accordance with law in the light of the aforesaid two facts that the departmental accounts examination has not been held by the authorities from 2000 onwards as also in view of the judgment of the Single Judge of the High Court in the case of Syed Mozammil Ashraf(supra). 4. Let the Commissioner, Koshi Division, Saharsa reconsider the matter in the light of the aforesaid request of the petitioner 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 before the Commissioner, Koshi Division, Saharsa. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)