IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6704 of 2007 Rama Autar Sah, SON OF LATE KARTIK LAL SAH, RESIDENT OF VILLAGE- MARANGA, P.S. K.HAT, DISTRICT- PURNEA :--- PETITIONER. Versus 1. The State Of Bihar 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATIVE, GOVERNMENT OF BIHAR, PATNA. 3. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA. 4. THE MANAGING DIRECTOR, CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATIVE, KISHANGANJ. 5. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, KISHANGANJ CIRCLE, KISHANGANJ :---RESPONDENTS. ---------------------------------- For the petitioner : M/S. Satish Chandra Mishra & Md. Nurul Hoda, Advocates. For the respondents: Mrs. Shail Kumari,S.C. 15. ====== 2. 13.12.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Clerk in the office of Assistant Registrar, Cooperative Societies, Kishanganj with effect from 30.11.2002. He has filed this writ petition praying, inter alia, to quash Letter No. 1445 dated 23.3.2007, Annexure-3, whereunder his request for grant of second time bound promotion and A.C.P. benefits under 2003 Rules has been rejected stating that petitioner superannuated with effect from 30.11.2002 his aforesaid two request cannot be considered. 3. It is submitted on behalf of the petitioner that petitioner was allowed first time bound promotion with effect from 1.4.1981 which is evident 2 from the order bearing Memo No. 9279 dated 8.8.1989, Annexure-1 and second time bound promotion became due to the petitioner with effect from 09.03.1993 but the same was not allowed as petitioner had not passed the Departmental Examination. It is submitted on behalf of the petitioner that he was allowed first time bound promotion on the basis of the result of the elementary stage of the departmental examination and should have been considered for grant of second time bound promotion also, in any case authorities should have considered his case for grant of exemption after he attained the age of 50 years in the light of the Government circular. It is further submitted on behalf of the petitioner that the A.C.P. Rules were framed in the year 2003 but with retrospective effect, as such, his request for grant of A.C.P. benefits is required to be considered in terms of the 2003 Rules. 4. Having considered the fact that petitioner was allowed first time bound promotion with effect from 1.4.1981, I direct the authorities to consider his request for grant of exemption from passing final departmental examination, second time bound promotion, as also A.C.P. in terms of the 2003 Rules 3 with effect from the due date. If those benefits are admissible to him with effect from a date which is prior to the date of his superannuation, then in my opinion, he cannot be refused such grant. Any monetary benefit admissible to the petitioner in the light of my order should also be given to the petitioner within the same time and with these observations, writ petition is disposed of. P.K.P. (V.N.Sinha,J.)