PRABHAT KUMAR SINGH, J.:–Heard learned counsel for the appellants as well as learned counsel for the sole respondent.

2. The instant Letters Patent Appeal is preferred against the judgment dated 2.2.2017, passed by the learned Single Judge in C.W.J.C.No. 679 of 2015, whereby he has allowed the writ application and directed the State authorities to examine the case of the writ petitioner Jagdev Das, since deceased, and pass the order for all consequential benefits. In the present case, the husband of the respondent was appointed as ‘Van Mazdoor’ in the year 1973 and later on his post was converted as ‘Karyadarshak’ from the date of his appointment. In the year 1985, he was brought to regular establishment and he was made Correspondence Clerk. He was granted the first time bound promotion w.e.f. 21.12.1983 and was granted monetary benefit from 1987. The husband of the respondent, in order to clear the departmental examination in Accounts, appeared in the year 1999, but he failed to do. After reaching the age of 50 years, he applied for exemption from passing the departmental examination in the year 2005, which remained pending with the authority concerned and, ultimately, he superannuated from service on 31.10.2011. When he was not granted the benefit of A.C.P., he approached this Court by filing CWJC No.13402 of 2013, which was disposed of on 13.08.2013 directing the writ petitioner to file a representation with the Principal Secretary, Water Resources Department, Government of Bihar, Patna, who will be obliged to consider his case and take a decision in accordance with law. In pursuance thereof, the representation of the writ-petitioner has been rejected on 19.05.2014 giving reasons that the writ-petitioner failed to pass the Accounts Examination.

3. Learned counsel for the appellant has assailed the impugned judgment on the ground that the writ Court has failed to appreciate that as per Circular contained in Notification no. 10770 dated 30.12.1981 issued by the Finance Department, Government of Bihar, Patna, the writ petitioner was duty bound to pass the departmental accounts examination. Further, the Finance Department vide Memo no. 4592 dated 21.6.2003 had made it clear that after passing of the departmental accounts examination, the ACP benefits will be admissible. It is the further case of the appellants that in view of Rule 157(J) of Board Miscellaneous Rules 1958, the Government is duty bound to deny benefits of time bound promotion or selection grade to the employees who had not passed final accounts examination and this is also applicable in the case of grant of ACP benefits. Appellants have also stated in the Letters Patent Appeal that a full bench of this Court in the case of Maheswar Prasad Singh vs the State of Bihar and others, reported in 2000(4) PLJR 262 has held that this condition will be applicable to all the employees in case of grant of time bound promotion or selection grade promotions prospectively. Learned counsel submits that it is admitted fact that the respondent’s husband had neither passed the departmental accounts examination nor exemption from passing of said examination had been granted to him. In view of a condition laid down in Rule 4(5) of the ACP Rules, 2003, writ petitioner is not entitled to receive the benefits of the promotion of ACP as he had neither passed the examination nor exemption had been granted to him. In support of these contentions, following decisions are being relied upon:—

(i) Maheshwar Prasad Singh and ors Vs. The State of Bihar, reported in 2000(4) PLJR 262

(ii) State of Bihar Vs. Kusheshwar Nath Pandey, reported in 2013(1) PLJR 939

(iii) State of Bihar and ors Vs. Anjani Kumar, reported in 2013(2) PLJR 643.

4. During pendency of the appeal, learned counsel appearing for the appellants has also brought on record the Bihar Water Resources Department Field Steno Typist’s Cadre (Recruitment and Service Condition) Rules, 2014. The aforesaid Cadre Rules, 2014 defines the cadre as t