1. The delay in filing the appeal is condoned.

2. This letters patent appeal has been against the order dated 4 February, 2003 on CWJC. No. 2183 of 2001: Chandra Shekhar Roy V/s. The Bihar State Electricity Board & Ors.

3. The petitioner-appellant is claiming continuity in promotion to the post of Accounts Assistant. The petitioner-appellant had entered the service of the Mithila Area Electricity Board in 1967. He was serving in the cadre of Subordinate Accounts Service. The petitioner-appellant was an accounts man.

4. In 1988 in pursuance of an office order no. 5153 dated 23 August, 1988 several persons received promotion to the post of Junior Accounts Clerk/Bill Clerk provided they had completed 12 years of service as on 31 March, 1986. This was meant for such of those employees who had not passed the departmental examination permitting promotion to a higher post. It needs to be kept in mind that all these persons were Accountants in a specialist cadre. Such persons who had been given an exemption to receive promotion and even in this exemption persons had to be found fit to receive promotion sans qualification. even these promotions were to be on the vacant sanctioned po