1. Whether the first time bound promotion was correctly granted to the petitioner and if not whether respondents could withdraw the same and what would be its consequence, is the question in the present writ application.

2. At the request of the Court, Shri Lalit Kishore, Senior Advocate and Additional Advocate General III agreed to assist the Court in the matter which is appreciated. Counter affidavits having been filed, with consent of parties, this writ application was heard at length for final disposal at the stage of admission itself.

3. The petitioner was granted first time bound promotion on 30.1.1996 (Annexure-5) with effect from 9.1.1994. In a Review Meeting dated 29.7.2006 (Annexure-C to the counter affidavit), it was found that the petitioner had not passed the Departmental Accounts Examination which was necessary for granting promotion. As such, he was found ineligible for the first time bound promotion and, accordingly, on 30.8.2006 (Annexure-i), the first time bound promotion, earlier granted, was cancelled and orders were issued for recovery of excess payment made to him which has brought the petitioner to this Court.

4. Petitioner's submissions are basically four