IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8130 of 2010 SATISH KUMAR S/O LATE DAMODAR SINGH RESIDENT OF VILLAGE KHAIRA KALA, P.S. AKBARPUR, DISTRICT NAWADA………………………………….………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 3. CHIEF ENGINEER (YANTRIC) YANTRIC UP BHAG, PATH NIRMAN VIBHAG, PATNA 4. SUPERINTENDING ENGINEER (YANTRIC) RASTRIYA UCCHA PATH, YANTRIC ANCHAL, PATNA 5. EXECUTIVE ENGINEER (YANTRIC) RASTRIYA UCCHA PATH YANTRIC PRAMANDAL, NAWADA………………………………………………………….……….RESPONDENTS --------- 2 09.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. After going through the judgment of the learned Single Judge of this Court in the case of Daya Shankar Singh Vs. State of Bihar reported in 2010 (3) PLJR 220, learned counsel for the petitioner fairly accepts that the petitioner will not be automatically entitled to time bound promotion even if he has not passed the departmental examination which was granted to him earlier wrongly. However, he submits that in view of exemption clause exempting a Government servant from 2 appearing in the departmental examination, if he has crossed the age of 50 years, he may be given liberty to apply for grant of such exemption. He also submits that in view of the observation of the Court made in paragraph 23 of the judgment, respondents were not entitled to recover the excess amount paid to him as he was in no way instrumental in granting time bound promotion to him earlier by the respondents. Both the submissions of the learned counsel for the petitioner require verification of the facts. In this writ application neither any pleading has been made in that respect nor respondents have filed any counter affidavit denying it. Therefore, this Court refrains from making any observation in this regard. Petitioner will be at liberty to represent before the respondent- Superintending Engineer (Mechanical), National High Way, Mechanical Circle, Patna for grant of benefit of exemption 3 or protection from recovery in terms of the finding of the learned Single Judge in the case of Daya Shankar Singh (supra). The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)