Umesh Chandra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8295 of 2019 ====================================================== 1.

Umesh Chandra Sharma, S/o Late Ramjee Thakur, R/o New Patna Colony, Beur, P.s.- Beur, Distt.- Patna 2.

Mukhlal Prasad, S/o Late Ram Gyan Ram, R/o Anaith Gorhna Road, Gautam Budha Nagar, P.s.- Nawada (Arrah), distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department, Bihar, Patna 2.

The Director Agriculture Bihar, Patna 3.

The Joint Director (Agronomy) Patna Division, Patna 4.

The Dy. Director (Agronomy) Farm Arrah, Bhojpur 5.

The Account General Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Respondent/s :

Mr. Raghwanand (GA 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 17-05-2019 Heard the learned counsel for the parties.

2. During the service tenure and after completing the age of 50 years, the petitioners made an application for exemption from passing the departmental examination. The aforesaid application was forwarded and recommended by the concerned authority but the decision remained pending at the level of the Director, Agriculture.

3. Learned counsel for the petitioners has submitted that the petitioners were entitled for exemption at the time when such an application was made. Nonpassing of the examination has resulted in loss of benefits

Patna High Court CWJC No.8295 of 2019 dt.17-05-2019 2/2 to the petitioners which would otherwise have accrued to them. The petitioners now have superannuated but the issue reckons to the date when such application was made.

4. The petitioners under the aforesaid circumstances are directed to make a representation before the Director, Agriculture, Bihar, Patna (respondent no. 2) within a period of four weeks from today, giving in detail the date on which such an application was made and also intimating the aforesaid respondent that the claim of the petitioners were recommended and forwarded long time ago, who, on receipt of the same shall pass a reasoned order in accordance with law within a period of eight weeks thereafter.

5. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2019 Transmission Date