Rajesh Kumar Verma, J. – Heard Mr. Banwari Sharma, learned counsel appearing on behalf of the petitioner and learned counsel appearing for the State.

2. The present writ application has been filed for quashing the order issued vide memo No.1203 dated 26.12.2011 under the signature of the Chief Engineer, Central Design and Research, Water Resources Department, Govt. of Bihar, Patna (Annexure-19) by which the application filed by the petitioners with regard to shifting of their date of promotion to the post of Head Clerk and also cancelled the promotion of petitioner No.1 against need based post of Head Assistant, has been cancelled without assigning any reason and further direction to the respondents not to shift the date of promotion given to the petitioners on the post of Head Clerk nor the promotion given to the petitioner No.1 against the need based post of Head Assistant be cancelled and pay all the consequential benefits to the petitioners including the recovery amount which has been recovered on account of shifting and cancellation of their promotion date.

3. The petitioners were initially appointed as correspondence clerk in the Irrigation Department on 15.02.1978 and 01.07.1972 respectively. Pursuant to the recommendation of the IVth Pay Revision Committee, a resolution No.10770 dated 30.12.1981 has been issued by the Finance Department, Govt. of Bihar by which the time bound promotion scheme was introduced. Thereafter, the State Govt. issued an order on 29.04.1985 making certain amendments in Rule 157(3)(J) for grant of time bound promotion. By this amendment, it was provided that a service of clerk cannot be confirmed or he shall not be allowed to cross efficiency bar unless he passed the account examination. It further provides that promotion in the selection made shall be made by passing the accounts examination by a clerk. Clause 9 of the amended Rules provides that in absence of passing the accounts examination by any senior clerk, the junior clerk may be considered for promotion departmentally who had cleared all the papers in accounts examination. In other words the passing of accounts examination was made a condition precedent for time bound as well as selection grade promotion. By Resolution No.6021 dated 18.12.1989 issued by the Finance Department, Govt. of Bihar, some changes were made in the earlier order of time bound promotion scheme. Only change brought about by this Resolution was that the promotion under the senior selection grade scale is to be granted on completion of 12 years of service but the earlier structure of junior selection grade scale remained the same.

4. Again the pay scale at the pattern of Central Pay Scale was revised by the State Govt. vide Resolution No.660 dated 08.02.1999 issued by the Finance Department, Govt. of Bihar w.e.f. 01.01.1996. By this resolution, the Govt. has decided that until and unless the new policy decision is determined by the Govt., the promotion of the employees who are in the scale of junior selection grade/senior selection grade/super time selection grade shall be made against need based post. The petitioners were promoted on the post of Head Clerk which is in the category of junior selection grade. Subsequently, the promotion of the petitioners and other similarly situated employees were cancelled by office order bearing Memo No. 2194 dated 09.04.1997. The petitioner No.1 filed a writ application bearing CWJC No.9783 of 1997 before this Hon’ble Court which was heard and disposed of on 05.08.1999 with a direction to the respondent authorities to decide the question of promotion of the petitioner in light of Section 6 of the Ordinance within a period of three months.

5. In light of the direction of this Hon’ble Court passed on 05.08.1999 in CWJC No.9783 of 1997 the case of the petitioners were considered for promotion in the senior selection grade-cum-Head Clerk carrying the pay scale of 1400-2600. The promotion in the junior selection grade and senior selection