ORDER 1. Heard learned counsel for the petitioner and the State. 2. Petitioner is a Junior Engineer. He has filed this writ application for a direction to the State-respondents to consider his case for permitting him to serve as Assistant Engineer by way of stop-gap arrangement as other Junior Engineers, junior to him have been given such opportunity, which prayer was refuted to by filing counter affidavit, whereunder communication, bearing Letter No. 2550 dated 22.5.2004, Annexure-B to the counter affidavit, addressed to the petitioner has been placed on record, wherefrom it appears that his case for granting opportunity to serve as Incharge Assistant Engineer was not considered as he was facing criminal prosecution for the offence under Sections 162 and 163 of the Indian Penal Code and Sections 8, 9 and 10 of the Prevention of Corruption Act, vide Gumla P.S. Case No. 185 of 1993 in which sanction for his prosecution was accorded by the department under departmental order No. 124 dated 19.2.1997 and for such reason his case for serving as In-charge Assistant Engineer was not considered. 3 Counsel for the petitioner has placed on record the judgment dated 18.1.2006 rendered in the Special Case No. 13 of 1993, arising out of Gumla P.S. Case No. 185 of 1993, G.R. No. 743/93 to submit that he has been acquitted in the said criminal case and there is no reason for the authorities not to consider his case for promotion on the post of Assistant Engineer as his other juniors have already been so promoted under notification, bearing Memo No. 2525 dated 17.6.2005, Annexure-19 to the supplementary affidavit filed on behalf of the petitioner, copy whereof was served on the State counsel way back on 24.11.2006 but he has not chosen to take any instruction in regard to the aforesaid notification whereunder the other juniors of the petitioner have already been promoted as Assistant Engineer. 4 In the facts and circumstances aforesaid, I am of the opinion that the instruction of the State Government as contained in Letter No. 2550 dated 22.5.2004, Annexure-B to the counter affidavit is required to be quashed, which, is, accordingly, quashed and the State-respondents are directed to consider the case of the petitioner for promotion on the post of Assistant Engineer with effect from the date, his other juniors have been so promoted as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. 5. It goes without saying that if promotion is allowed to the petitioner on the post of Assistant Engineer with effect from the date, his other juniors have been allowed, then he shall also be paid the necessary consequential benefit of such promotion within the same time. 6. This application is, accordingly disposed of.