Interlocutory Application No. 7659 of 2012.

The delay of 155 days occurred in filing the Letters Patent Appeal is condoned.

2. Interlocutory Application stands disposed of.

Letters Patent Appeal No. 1828 of 2012 and Interlocutory Application No. 7660 of 2012.

3. Feeling aggrieved by the order dated 6th April 2012 made by the learned single Judge in CWJC No. 4701 of 2012, the respondent State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.

4. The respondent-writ petitioner, a retired government servant, has approached this Court under Article 226 of the Constitution in above CWJC No. 4701 of 2012 for the reliefs that he be exempted from passing the Departmental Accounts Examination on his attaining the age of 50 years and to extend the benefit of Assured Career Progression. The learned single Judge has relied upon the judgment of this Court in the matter of Dinesh Narayan Mishra vs. The State of Bihar & Ors.[2006 (2) PLJR 169] to allow the Writ Petition. Therefore, this Appeal.

5. It is not in dispute that the promotion in question is governed by the Bihar Board’s Miscellaneous Rules, 1958 Rule 157 of the said Rules provides for passing of the Departmental