Md.Shahid v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12144 of 2007 =========================================================== Md.Shahid, son of Late Abdul Hameed, resident of Mohalla - Loha Ke Pul Chaughara, Patna City, Police Station - Khajekalan, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Art, Culture and Youth Department, Bihar, Patna

3. The Secretary, Finance Department, Bihar, Patna

4. The Secretary, Human Resources Department, Bihar, Patna

5. The Director cum Deputy Director General, National Cadet Corps Directorate, Bihar and Jharkhand State Cell, Establishment Branch, Rajendra Path, Patna - 800 019

6. The Joint Director, National Cadet Corps Directorate, Bihar and Jharkhand State Cell, Establishment Branch, Rajendra Path, Patna - 800 019 .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. NAVENDU KUMAR For the Respondent/s : Mr. Ashok Kumar Chaudhary, AAG-13 Ms. Meera Singh, AC to AAG-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-01-2015 *************** Heard learned counsel for the parties.

Since the petitioner has not passed the departmental examination while in service nor did he seek exemption from passing of departmental examination while in service there, therefore, he cannot be given any benefit of exemption after superannuation. In view of the same, he cannot be given the benefit of A.C.P. as well, whatever be the compelling circumstances, under which none of the above facts

Patna High Court CWJC No.12144 of 2007 dt.21-01-2015 2/2 were overcome earlier.

Writ application is dismissed.

(Ajay Kumar Tripathi, J.) SKM/- U