Shatrughan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7567 of 2014 ====================================================== Shatrughan Sharma, son of Late Baleshwar Singh, Resident of VillageSonbhadra, P.S.- Karpi, District- Arwal, at present residing at New Professor Colony, Jehanabad, District- Jehanabad .... .... Petitioner

Versus

1. The State of Bihar through the Accountant General, Bihar, Patna

2. The Accountant General, Bihar, Patna

3. The Commissioner, Gaya

4. The Superintending Engineer, Public Health Circle, Gaya

5. The Executive Engineer, Public Health Engineering Department, Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Moleshwar For the Respondent/s : Mr. Avinash Kumar, AC to GA-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-01-2015 Heard the parties.

The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking exemption from appearing in the departmental examination for the purpose of grant of benefits of Assured Career Promotion Scheme. In paragraph 4 of the writ petition, it has been stated that the petitioner has already superannuated from service on 31.07.2011 from the post of Clerk, Sub-Divisional Office at Jehanabad under Public Health Engineering Department.

I am afraid the relief sought for on behalf of the petitioner is completely misconceived. The petitioner has already superannuated from service. Therefore, there is no question of his appearance in any departmental examination for the purpose of grant of any benefit.

In the result, the present writ petition has to fail and is, accordingly, dismissed.

Arvind/- (Birendra Prasad Verma, J) U