RADHESHYAM SINGH, Vs. STATE OF BIHAR.

JUDGEMENT

(1.) Interlocutory Application No. 01 of 2019. By way of filing this Interlocutory Application, the petitioner has challenged the order vide memo no.311 dated 20.05.2015, by which the Director (Primary Education), Patna, has been pleased to reject the prayer of the petitioner for grant of exemption from passing the departmental examination and also made a prayer to direct the respondents to grant the first and second A.C.P. which the petitioner is entitled to.

(2.) This Interlocutory Application is allowed and the prayer as well as the averments made in this application will be treated to be the part of the main writ petition. Ref:- C.W.J.C. No.20741 of 2014.

(3.) The petitioner was appointed in the Education Department as Assistant Teacher on 06.02.1980. After serving 13 years of service, he was promoted in the Subordinate Education Service, accordingly, he joined as Lecturer in the District Education and Training Institute, Srinagar, Purnea, worked to the satisfaction of the higher authorities. Thereafter, he was transferred and joined as Block Education Extension Officer, Triveniganj, District- Supaul on 1.12.2004. While working as Block Education Extension Officer, he appeared in the departmental examination in the year 2008, in which he was declared successful in the second paper but he failed in the first paper. Whereafter, he was transferred and joined as Block Education Officer, Silao, District- Nalanda in the year 2010. While working, he filled up the form for the departmental examination, but did not appear as he was not granted permission on account of election duty. Whereafter, the petitioner made an application on 22.02.2011 and requested for grant of exemption from passing the departmental examination and also for grant of A.C.P., which was forwarded by the District Superintendent of Education, Nalanda, vide letter no.288 dated 22.2.2011, from there the petitioner was transferred and joined as Deputy District Superintendent of Education, Purnea, there he has also made third attempt unsuccessfully as he had not appeared in the examination on account of sudden illness. Whereafter, the petitioner had retired from the service in the year 2013.