IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10471 of 2009 CHANDESHWAR PRASAD SINGH, , SON OF LATE TAPESHWAR SINGH, RESIDENT OF VILLAGE BISHUNPUR DIHA, P.O. AND P.S. SINGHIA IN THE DISTRICT OF SAMASTIPUR---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. ESTABLISHMENT DEPUTY COLLECTOR, SITAMARHI. 4. NAZARAT DEPUTY COLLECTOR, SITAMARHI. 5. ACCOUNTANT GENERAL, BIHAR, PATNA----RESPONDENTS. ----------- 03. 26.08.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 376 dated 30.8.2007, Annexure-4 whereunder his representation praying inter alia for grant of time bound promotion as also increments during the period between 17.5.1971 till 18.12.1983 has been rejected. 3. It is submitted on behalf of the petitioner that his prayer for grant of time bound promotion and the increments has been rejected for his failure to pass the departmental examination, as is required under Sub-Rule(3)(j) of Rule 157 of the Bihar Board Miscellaneous Rules, 1958. In this connection, it is pointed out that petitioner having reached 50 years of age ought to have been considered for grant of exemption from passing the departmental examination in terms of the aforesaid Rules. The Divisional Commissioner should consider the challenge of the petitioner against order dated 30.8.2007 in the light of the request of the petitioner for exemption from appearing in the departmental examination and for such relief petitioner should also request the Divisional Commissioner by filing a representation through the departmental authorities. 4. Let the petitioner file representation for the reliefs prayed - 2 - for before the Divisional Commissioner, who should consider and dispose of the same as early as possible, in any case within two months from the date of receipt of the representation along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)