IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9024 of 2006 MAHENDRA PRASAD, Son of Sri Jagdish Rai, Resident of Village- Gonpura, P.O.-Alampur Gonpura, P.S.-Phulwarisharif, District-Patna, at present posted as Clerk in the office of Special Land Acquisition Officer, Patna Flood Protection Scheme, Patna. Versus 1. THE STATE OF BIHAR 2. The Secretary, Water Resources Department, Government of Bihar, Patna. 3. The Director, Land Acquisition and Rehibilitation, Water Resources Department, Government of Bihar, Patna. 4. The Special land Acquisition Officer, Patna Flood Protection Scheme, Anisabad, Patna ----------- 2. 19.11.2010 Vide Annexure-1 the benefit of first time bound promotion given to the petitioner stands withdrawn on the ground that the petitioner has not passed the departmental examination. This order dated 5.7.2006 has been passed after many years of conferment of the benefit, which ought to be interfered with in the opinion of the counsel for the petitioner. Passing of the departmental examination is a must even for time bound promotion as has been recently held in the case of Daya Shankar Singh Vs. The State of Bihar & Ors. reported in 2010 (3) PLJR 220, and to that extent the decision taken by the respondents at Annexure-1 does seems to be correct. Learned counsel for the petitioner 2 thereafter informs the Court that he passed the Departmental Accounts Examination on 11.6.1993 (Annexure-3). If that is true then petitioner is entitled to the benefit at least from the date he passed the examination. This aspect has not been considered by the respondents while passing Annexure-1. This stand of the petitioner seems to be correct, if the petitioner has passed the examination on the date mentioned above. The benefit would accrue from that date. This writ application is disposed of with a direction upon the Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar to needful in this regard. The question of recovery would is deferred till the decision with regard to the claim of the petitioner from the date of passing of the examination is decided. This writ application is disposed of with the above direction. Anand Kr. ( Ajay Kumar Tripathi, J.)