Prem Chandra Lal Karn v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2538 of 2016 ====================================================== Prem Chandra Lal Karn Son of late Kamal Narayan Karn Resident of Mohalla New Durgapatti, near B.M.P. -6, Police Station Mithanpura, District Muzaffarpur.

... ... Petitioner

Versus

1.

The State Of Bihar through Secretary, Deptt. Of Home, Secretariat Building, Patna 1 2.

The Secretary to Government , Finance Department Pay Fixation Section,Government of Bihar, Patna.

3.

The Inspector General of Police -cum-Director, General of Police, Bihar, Patna.

4.

The Senior Superintendent of Police, Darbhanga ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hoda Dr. Alok Kumar Alok Mr. Santosh Kumar For the Respondent/s :

Mr.Aag14- Kaushal Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2019 Counsel for the petitioner is permitted to correct the description of respondent No. 4 during course of the day. Claim of the petitioner for exemption from passing departmental examination has been pending before the authorities since 2009 as per the submission of Counsel for the petitioner on the basis of pleadings made in the writ petition. Reminder in this respect was made by the petitioner on 4.8.2015 before respondent No. 3. However, he submits that till date no decision has been taken on the claim of the petitioner. Since decision as regards exemption, having regard to

Patna High Court CWJC No.2538 of 2016(2) dt.06-03-2019 2/2 the terms and conditions for eligibility for grant of exemption has to be taken by the authorities, no useful purpose will be served by keeping the instant writ petition pending. This Court, however, would observe that such application should not be kept pending inordinately as has been done in the instant case. The petitioner has now retired from service and it is only in the fitness of things that he should know decision of the authorities on his application for grant of exemption which have been noted hereinabove.

Let respondent No. 4 forward the petitioner's claim dated 4.8.2015 before the competent authority for decision in this respect. It is expected that final decision on the claim of the petitioner will be taken by the competent authority expeditiously and without any undue delay.

The writ petition is disposed of.

(Madhuresh Prasad, J.) SNkumar/- U