IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6130 of 2009 Abdul Mannan Versus The State Of Bihar & Ors ----------- 2/ 28/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was granted first time bound promotion by order dated 13.2.2007. That has been cancelled by the impugned order dated 10.8.2007 on the ground that he had not cleared the departmental examination. Learned counsel for the petitioner submits that prior to his superannuation on 10.10.2008 he had made a request for exemption from passing the examination having crossed the age of 50 years. The counter affidavit dated 14.8.2007 states that his application was recommended by the B.D.O., but never came to be decided. Learned counsel for the State from the pleadings in the counter affidavit urges that the grant of exemption was more a matter of discretion of respondents and not as a matter of right. It is fairly acknowledged that he is not in a position to demonstrate any disposal of the request so made. Let the respondents take a final decision on 2 the application for exemption submitted by the petitioner within a maximum period of 4 months from the date of receipt/production of a copy of this order. The latter direction for presentation of a copy of the order before the respondents must be complied with within a maximum period of 4 weeks failing which the respondents shall be under no obligation to consider the same. This direction is considered necessary in view of the fact that the respondents shall not make any further recoveries under the impugned order till the date of such decision. All recoveries already made shall naturally have to abide by the final decision that shall be taken on the grant of exemption. The writ application stands disposed. KC ( Navin Sinha, J.)