IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3158 of 2009 Kamta Nath Tiwary . Versus The State Of Bihar & Ors . ----------- 3/ 14/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 30.9.2008 of the Superintending Engineer, Public Health Mechanical Division, Muzaffarpur staying the operation of the financial benefits of A.C.P. granted to the petitioner by order dated 8.12.2006 Learned counsel for the petitioner contended that the aforesaid order at Annexure-7 to the writ application did not contain any stipulation that the petitioner was required to pass any departmental accounts examination. This has also adequately been noticed in a letter dated 30.9.2008 of the Superintending Engineer himself addressed to the Chief Engineer, Mechanical. The Court does not consider it necessary to go into that aspect as the writ petition can be disposed off on another issue from the stand of the respondents in their counter affidavit. Learned counsel for the State has relied upon the letter dated 5.8.2003 promoting the petitioner to the 2 post of Head Clerk subject to the condition that he would pass the departmental accounts examination within one year. No further discussion is required that if the requirement to pass the departmental accounts examination related to substantive promotion for the post of Head Clerk, the grant of A.C.P. was not a substantive promotion and therefore that letter had no application to the grant of A.C.P. benefits. No other ground has been urged on behalf of the respondents on this issue. On the own showing of the respondents the letter dated 5.8.2003 is no justification for the impugned order dated 30.9.2008. The order dated 30.9.2008 is set aside. Acknowledging the difficulty in raising a multifarious issues in the writ application, Learned counsel for the petitioner seeks leave of the Court to question the order in a fresh writ application, if so advised, with regard to eligibility of promotion on the post of Head Clerk. The application stands allowed with the liberty as aforesaid. KC ( Navin Sinha, J.)