IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14238 of 2009 1. LAXMAN BHAGAT S/O LATE SITARAM BHAGAT R/O LAXMI CHOWK, P.S. BRAHMAPURA, DISTT. MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY SCIENCE & TECHNOLOGY DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR SCIENCE & TECHNOLOGY DEPTT., GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL MUZAFFARPUR INSTITUTE OF TECHNOLOGY, MUZAFFARPUR ----------- 2. 10.11.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order dated 28.7.2009 by which the first time bound promotion granted by order dated 3.5.1996 with effect from 1.9.1980 has been cancelled and recovery has been ordered. The submission at this stage is that the petitioner gave an application for exemption on 14.9.2001 upon basis of his age with regard to requirement for passing of the departmental examination. Without disposing the same the impugned order has been passed. Learned Counsel for the State may be right in his objection that exemption was not a matter of right but if an application for exemption had been made it could not be put in cold storage and ignoring it order prejudicial to the petitioner could have been passed. The order dated 28.7.2009 is therefore put in abeyance till such time that the application for exemption of the petitioner, as claimed by him, is not disposed off. The validity of the impugned order dated 28.7.2009 and any objection thereunder in the meantime shall ultimately depend upon such final order to be passed which must be reasoned and speaking in nature to facilitate judicial review should need arise. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)