ANWAR AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the petitioner and S.C. XIX representing the State.

(2.) THE petitioner is a retired Government employee. He seeks to challenge .the order passed by the Agriculture Production Commissioner, Bihar, Patna under his memo no. 824, dated 19.3.2005 by which he rejected the petitioner 'srepresentation, submitted in pursuance of an earlier direction of the Court, to grant him the benefit of crossing efficiency bar with effect from 21.8.1986 and the first timebound promotion with effect from 21.7.1991 and to pay him the consequential monetary benefits.

(3.) COUNSEL for the petitioner submitted that the Agriculture Production Commissioner confined his consideration only to Annexure -4C to the earlier writ petition, that was a copy of the representation, dated 15.10.1997. Had he looked into the departmental records, he would have found that an application for exemption from passing the departmental examination was submitted by the petitioner and duly forwarded by the District Agriculture Officer, East Champaran at Motihari vide memo no. 1141, dated 17.9.1987 (Annexure -3). The petitioner 'sapplication for exemption from passing the departmental examination remained unattended and no order was passed on it till his retirement from service. It would be, therefore, unjust to reject his request for the grant of exemption on the ground that he made the request after retirement.