IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8449 of 2005 Baleshwar Prasad Singh, son of late Tirpit Narain Singh, resident of village Darbeshpura, P.O. Darbeshpura, Via – Barh, P S – Saksohara, District – Patna, Assistant Engineer, Tirhut Nahar Anchal, Bettiah, East Champaran (retired) ________ Petitioners Versus The State of Bihar & others _________ Respondents ----------- 07. 23.9.2011 Some facts are not disputed that the petitioner was convicted in a criminal case and sentenced to life. He was taken into custody and only subsequently exonerated of the charges or acquitted at the level of appeal. Post conviction petitioner had to be placed under suspension but after his acquittal the authority decided to revoke the suspension order in terms of Anneuxre-1 with effect from 8.7.1991 when he retired in the year 1996. Reason for filing the writ application is non-grant of increment to the petitioner for the period when he was under suspension. Counter affidavit has been filed on behalf of the State indicating the stand that the reason for non-grant of increment is that the petitioner had never passed the departmental examination and if he was deriving the benefit it was against the norms and the rules. Submission of the counsel for the petitioner thereafter is that after 50 years of age, an employee is entitled to exemption and he ought to be granted exemption because he had 2 well passed 50 years. Exemption is not a matter of right. There has to be a demand made and authorities have to consider grant thereof within the parameters of the circular laid down in this regard. Since there was no demand by the petitioner , there was no occasion to grant any exemption by the respondents. There may not be an occasion to grant exemption now for a retired person because the benefit of exemption accrues from the date of grant of exemption and it does not co-relate to a period prior thereto. In view of the above, writ application of the petitioner has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J.)