Navaniti Prasad Singh, J.

Heard learned counsel for the State and learned counsel for the writ petitioners-respondents.

2. The present Letters Patent Appeal is directed against the judgment and order dated 17.05.2011 passed in CWJC No 11253 of 2006 (Md Nasiruddin v. State of Bihar & Others) with CWJC No 11396 of 2006 (Md Zobair Ahmad v. State of Bihar & Others).

3. The grievance of the writ petitioners in the writ proceedings was that they were not required to pass the departmental examination in relation to accounts to be able to get the time bound promotion and, as such, the time bound promotion and consequential promotions dependent thereon were correctly and validly granted and could not be cancelled.

4. It may be noted that petitioners had superannuated and pursuant to the aforesaid plea of the State that they were wrongly granted the time bound promotion, having not cleared the Departmental Accounts Examination, not only those promotions granted have been cancelled but money paid as a consequence thereof was to be recovered. The learned Single Judge allowed the writ petition, thus, holding that passing of departmental examination was not a condition precedent to grant o