ORDER
Radha Mohan Prasad, J.
1. In this writ petition, the prayer on behalf of the petitioner is to quash office order of the Chief Engineer, Rural Development Special Zone, Patna, contained in Memo No. 354 dated 17.3.2001 (Annexure 4), whereby due second time bound promotion has been given to him with effect from 13.1.1984 but the financial benefit has been given with effect from 12.12.2000 and also for directing/commanding the respondents to give financial benefits with effect from 13.1.1984 and, further, to give super selection grade promotion and fix his salary on 31.12.2000-i.e., date of superannuation of the petitioner, as well as to make payment of arrears of salary.
2. By filing I.A. No. 3234 of 2003 the petitioner has also prayed for quashing of the order, contained in Annexure-5, whereby and whereunder second time bound promotion given to him with effect from 13.1.1984 has been cancelled on the ground that he has been given exemption from passing of the departmental accounts examination by the Commissioner on 12.12.2000 i.e., after 1.1.1996 on which date the benefits of the time bound promotion were abolished.
3. Learned counsel for the petitioner has submitted that since the petitioner was granted first time bound promotion with effect from 1.4.1981 i.e. before 1.9.1983, his case will be governed by the Government decision contained in Letter No. 4178 dated 12.8.1992. According to which, once Clerk is given promotion by relaxing requirement for passing the accounts examination, he will not be deprived of future promotions on the plea that he had not passed the required examination, of course, subject to fulfilment of other conditions. Learned counsel submitted that in the present case the stand of the State is not that the petitioner did not fulfil other conditions. The only stand of the State is that since the relaxation was granted by the Commissioner on 12.12.2000 i.e. after 1.1,1996 on which date the benefit of time bound promotion were abolished, the second time bound promotion given to him with effect from 13.12.1984 was bad and, as such, recovery has been Ordered to be made vide Annexure-5.
4. Learned counsel for the State has not been able to show that for the purpose of grant of second time bound promotion passing of accounts examination was essential in the case of the petitioner who had already been given first time bound promotion with effect from 1.4.1981 obviously after relaxing the aforesaid requirement. The Government decision contained in Letter No. 4178 dated 12.8.1992, which has been reiterated vide Finance Department letter No. 465 dated 13.2.1995 provides that if first promotion for which passing of accounts examination was must has been given prior to 1.9.1983 by relaxing the said requirement then other promotions should also be given on the basis of such relaxation subject to fulfilment of other conditions. It has rightly been submitted by the learned counsel for the petitioner that the stand of the State in the order contained in Annexure-5 in cancelling the order granting second time bound promotion to the petitioner only on account of non-passing of the departmental accounts examination is not tenable as he had already been given first promotion even without passing of the accounts examination particularly when it is not disputed that the petitioner was entitled for grant of second time bound promotion with effect from 13.1.1984 and he was allowed the same vide, Annexure- 4. The condition mentioned therein that the financial benefit shall be admissible only with effect from the date of passing of the accounts examination i.e. 12.12.2000, in my opinion, is not sustainable as he has been given promotion from the due date.
5. Under such circumstances, in my opinion, the order, contained in Annexure-4 to the above extent whereby financial benefit has been given only with effect from 12.12.2000 and not from the due date i.e. 13.1.1984 as well as the order contained in Annexure-5 are hereby quashed. The respondents are directed to grant remaining financial benefit relating to second time bound promotion from due date i.e. 13.1.1984 within four weeks of the receipt/production of a copy of this order.