Rajendra Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1378 of 2016 ====================================================== Rajendra Das S/o Sri Ganauri Das, resident of village- Calsiding, P.O. + P.S.- Mokama Ghat, Distt.- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Madhepura

3. Dy. Collector (Establishment), Madhepura

4. S.D.O., Udakishunganj, Madhepura

5. B.D.O., Alamnagar, Distt.- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Sushil Kumar Singh, AC to AAG 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-01-2019 The writ petition has been filed claiming promotion. The writ petition discloses the case of the petitioner that he is Accounts Clerk and that he has not been granted promotion due to non passing of the departmental examination. It is writ petitioner's case that on attaining the age of 50 years he was entitled to exemption from passing the departmental examination and, as such, he is entitled to consideration of his claim for promotion.

The respondents have filed a counter affidavit. It is their stand that the petitioner never attempted to pass the departmental examination and in the light of letter of the State of Bihar dated 9.11.1983 as well as the existing circular the petitioner is not entitled to exemption as he has not made any

Patna High Court CWJC No.1378 of 2016(3) dt.03-01-2019 2/2 attempt to clear the examination nor he has made any application for the said purpose.

Without going into merits of this submissions advanced by the Counsel for the respondent State, the writ petition is dismissed for want of prosecution as none appears on behalf of the petitioner.

(Madhuresh Prasad, J.) SNkumar/- U