IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13073 of 1996 INDRADEO SINGH S/O LATE JAMUNA SINGH R/O VILLAGE PACHRUKHIA, PO- PARSA, PS-GAURICHAK, DISTT. PATNA AT PRESENT FIREMAN FIRE STATION PATNA CITY -----------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECY. GOVT. OF BIHAR, PATNA 2. DIRECTOR GENERAL OF POLICE-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 3. INSPECTOR GENERAL OF POLICE HOME GUARD & FIRE SERVICE, BIHAR CHHAJUBAGH, PATNA 4. STATE FIRE BRIGADE OFFICER, BIHAR OLD SECRETARIAT, PATNA-----------------RESPONDENTS. ----------- 6 25.11.2010 Heard learned counsel for the parties. Petitioner has been denied benefit of promotion because he did not pass the departmental examination. He has filed the writ application stating therein that in terms of the circular of the Department of Personnel and Administrative Reforms he is entitled to exemption from passing the departmental examination on reaching the age of 50 years as a matter of right and he made a demand upon the respondents to do the needful. The Court has gone through the stand taken by the State in their counter affidavit as well as the circular. The grant of exemption is not a matter of right for any employee but it is dependent upon many a facts and conditions laid down under the circular. There is sufficiency of material to show that the petitioner did not fulfill all the requirements to beget exemption which he is looking for. If he did not fulfill those conditions the respondents cannot be compelled to grant him exemption and thereafter promotion. This Court also has some reservation of the - 2 - capability of the petitioner to demand all such benefits even without passing the departmental examination which is the basic principle for asserting his right. The Court is not inclined to give any direction in favour of the petitioner to be given all the benefits in service including promotion which he is asking for without fulfilling the basic conditions. No constitutional or fundamental right of the petitioner has been violated. Therefore no relief as prayed for is granted. This writ application is dismissed but without costs. RPS (Ajay Kumar Tripathi,J.)