IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16579 of 2009 Bindyeshwari Singh Versus The State Of Bihar & Ors ---------------------------------- 3. 19.08.2011 Heard learned Counsel for the parties. The Court has gone through the pleadings in the writ petition. The petitioner superannuated on 1.6.2001 from the post of Assistant Engineer in the Road Construction Department. He seeks exemption from passing the departmental examination which would enable him to be considered for the benefits of ACP. The application for exemption has been submitted on 15.9.2009 and the writ application filed two months thereafter on 30.11.2009. He takes a defence that while in service excessive work load prevented him from appearing at the departmental examination. He claims that he did give applications for exemption on 18.8.1995 and 27.8.1998 while in service. He reiterated his request after his superannuation on 15.9.2009 and 9.11.2009. The respondents in their counter affidavit state that he applied for exemption on 10.8.2009.The counter affidavit is silent with regard to the claimed application for exemption dated 18.8.1995 and 27.8.1998.The counter affidavit further states that the question of considering the application for exemption after superannuation of the petitioner does not arise. The petitioner has superannuated on 1.6.2001.There is no submission in the writ application that if he gave an application for exemption in 1995 and 1998 why did he not pursue it during his service career. Alternately having given such application in the aforesaid years why did he keep quite for long years even after his superannuation. The writ application is silent on both these aspects. Exemption in any event cannot be claimed as a matter of right. The reason mentioned in the impugned order declining jurisdiction to consider an application for exemption submitted after superannuation can neither be termed arbitrary or irrelevant to warrant interference. The Court finds no merit in the writ application which appears to be barred by gross and inordinate delay also. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)