IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6694 of 2007 ALAKH NARAYAN, AGED ABOUT 65 YEARS, SON OF KAILASHPATI NARAIN, RESIDENT OF MOHALLA SHIVPUR, P.O. MAHENDRU, P.S. SULTANGANJ, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY/ COMMISSIOINER, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT PROVIDENT FUND OFFICER, ROHTAS, SASARAM. 4. THE ACCOUNTANT GENERAL OF INDIA, BIRCHAND PATAL MARGE, PATNA. For the petitioner : Mr. Raj Nandan Prasad, Advocate. For the State : Mr. Ram Subhas Singh, AC to AAG-15. ------------- 02. 13.12.2011 Heard learned counsel for the petitioner, the State and the counsel for the Accountant General. 2. Petitioner superannuated while serving as Deputy Collector cum Executive Magistrate at Mohania in the district of Kaimur at Bhabua with effect from 31.12.2002. He earlier filed C.W.J.C. No.7060 of 2004 which was disposed of along with other writ petitions under order dated 2.7.2004 Annexure-1, in compliance whereof petitioner has been paid part of his retiral dues without granting him time bound/ACP benefits as request of the petitioner for grant of exemption from passing the departmental examination was not considered. 3. It is submitted on behalf of the petitioner 2 that his request for grant of exemption from appearing in the departmental examination was rejected under order bearing letter no.5004 dated 11.05.2007, Annexure-A to the counter affidavit, perusal whereof indicates that request to exempt the petitioner from passing the departmental examination was refused on the ground that ACR of the petitioner was not received from his Controlling Officer from Gumla, Jharkhand. For failure of the Controlling Officer at Gumla Jharkhand to forward the ACR and other reports in regard to the petitioner his request for exemption from appearing in the departmental examination after attaining 50 years of age could not have been rejected as in terms of the Government circular Government servant attaining 50 years of age but failing to pass the departmental examination are entitled for grant of exemption. 4. In such view of the matter, I not only set aside the order dated 11.05.2007, Annexure-A to the counter affidavit but also direct the authorities to grant exemption to the petitioner from appearing in the departmental examination on attaining the age of 3 50 years, if he is otherwise qualified for such grant and exemption is being refused only for the reason that ACR has not been received from the Controlling Officer, Gumla. Appropriate order by the competent authority considering the request of the petitioner for grant of exemption from appearing in the departmental examination be passed, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the competent authority. Within the same time consequential benefit of exemption, if allowed should also be given to the petitioner. The competent authority is also directed to ensure payment of arrears of G.P.F. to the petitioner, if not already paid with up to date interest as for non-payment of G.P.F. amount to the petitioner, he cannot be allowed to suffer the loss of interest earned over the amount. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)