1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General.

2. Petitioner was appointed initially in work charged establishment on 18.1.1971 on the post of Pump Operator. Later by order dated 18.8.1984 he was appointed as correspondence clerk in regular establishment and by order dated 20th June, 1996 contained in Annexure-3 he was granted first time bound promotion. Petitioner superannuated from service on 31.10.2003. Petitioner is aggrieved by impugned order contained in Annexure-1 dated 15.3.2004 whereby the Accountant General, Bihar has informed the concerned Executive Engineer, Public Health Engineering Division, Darbhanga that since the petitioner was allowed time bound promotion w.e.f. 15.12.1994 without having cleared the accounts examination as required by Government Circulars and policy decision, his time bound promotion could not be given legal validity. Accordingly, petitioners pension and gratuity were determined ignoring the benefit given to the petitioner on the basis of time bound promotion w.e.f. 15.12.1994.

3. On behalf of petitioner it has been submitted that petitioner was granted time bound