IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16542 of 2004 GULAB RAM SON OF LATE SUDAMA RAM RESIDENT OF VILLAGE BURI , P.O. GOIN, P.S. CHAND DISTRICT KAIMUR AT BHABHUA AT PRESENT WORKING ON THE PSOT OF PANCHAYAT SEWAK, KARAKAT BLOCK, DISTRICT ROHTAS AT SASARAM. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 3. THE DISTRICT PANCHAYAT OFFICER, ROHTAS AT SASARAM. 4. THE BLOCK DEVELOPMENT OFFICER, KARAKAT DISTRICT ROHTAS AT SASARAM. ----------- 07 23.09.2010 Petitioner who was a Dalpati came to be promoted on the post of Panchayat Sewak. This promotion was delayed because of certain litigations with regard to the seniority inter se of Dalpatis. A decision came to be rendered by this Court in CWJC No. 9920 of 1992 where a direction was given to promote persons based on their seniority. Petitioner became a beneficiary of such a direction and he was promoted on 29.08.1997 with effect from 17.07.1989. Reason for his filing the present writ application is that the respondents unilaterally decided to withhold his increment and re-fix his pay scale on the ground that the petitioner had not passed Hindi Noting and Drafting Examination. Contention of the petitioner is that he ought to be given exemption since he came to be appointed only after he 2 crossed the age of 50 years by the respondent State on the post of Panchyat Sewak. If that be so, then there was no occasion for him to make an attempt to sit at the Departmental Examination and passing them before reaching the age of 50 years. According to him a Circular of the State Government dated 09.01.1983 does envisage grant of exemption in certain situation. Exemption can be granted if an employee’s repeated effort fails and reaches the age of 50 years or for reasons attributable to the State due to which an employee could not appear in the examination. Contention of the learned counsel is that his case falls within the second category because of the circumstance under which a belated appointment/promotion to the post of Panchyat Sewak came to be granted to him. The thumb rule of passing Hindi Noting & Drafting Examination, therefore, cannot be applied to the present case of the petitioner. If his entry in the service has been after crossing the age of 50 years then the respondent authorities of the State would be required to consider whether in such circumstance petitioner is entitled for an exemption. 3 In the given facts, therefore, in the opinion of the court by giving interpretation to Circular No. 11691 dated 09.01.1983 the State Government ought to reconsider the grant of exemption to the petitioner. The writ application is disposed of with a direction upon the District Magistrate, Rohtas at Sasaram that he will consider the case of the petitioner in light of what has been recorded above from the point of view of giving him exemption. A decision in this regard ought to be taken within a period of five months from the date of communication or production of a copy of this order. AMIN (Ajay Kumar Tripathi, J )