IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12075 of 2001 LALESHWAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 07 25.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application to claim first time bound promotion with effect from 01.04.1981 when scheme for time bound promotion was made effective. On behalf of the State the only dispute raised is on the ground that petitioner had not passed the Departmental Examination in Accounts for promotion to selection grade as was required under Rule 157(3)(J) of Courts Misc. Rule 1947. The issue is no longer res- integra and has been answered by a full bench decision of the court in a case of Maheshwar Prasad Singh Vrs. State of Bihar and others. As per discussion made in paragraph Nos. 13 and 14 of that judgment, there was no valid rule preventing grant of such promotion between 01.05.1980 and 29.03.1982 on the ground of non clearance of Accounts examination. The full Bench has held that the promotion could not be denied to the concerned employees on account of non passing of the Accounts Examination during that period. In view of the relevant facts and law discussed above, there is no good reason for the respondents to deny the claim of the petitioner for first time bound promotion with effect from 01.04.1981. Hence the writ petition is allowed and the concerned respondents are directed to consider the case of the petitioner for granting him first - 2 - time bound promotion with effect from 01.04.1981. Appropriate orders in pursuance of such consideration should be passed at an early date preferably within three months. With the aforesaid observation the writ petition is allowed to the aforesaid extent. Sym ( Shiva Kirti Singh,J.)