IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6948 of 2006 NAND KISHORE MISHRA SON OF LATE BHOLA NATH MISHRA, VILLAGE ADAMPUR GHAT, P.S. BHAGALPUR SADAR, BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. SECRETARY, DEPARTMENT OF INDUSTRIES, GOVT. OF BIHAR, PATNA. 3. DIRECTOR, DEPARTMENT OF INDUSTRIES, GOVT. OF BIHAR, PATNA. 4. ADDITIONAL DIRECTOR INDUSTRIES, GOVT. OF BIHAR, PATNA. 5. JOINT DIRECTOR INDUSTRIES, GOVT. OF BIHAR, PATNA. 6. MANAGING DIRECTOR, DISTRICT INDUSTRY CENTER, SAHARSA. 7. COLLECTOR, MADHEPURA. 8. MANAGING DIRECTOR, DISTRICT INDUSTRY CENTER, MADHEPURA. 9. SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 10. ACCOUNTANT GENERAL, GOVT. OF BIHAR, PATNA. ----------- 2 15/11/2010 None appears for the petitioner to press this application. Learned Additional Advocate General appearing for the State is present. Counter affidavit has been filed on behalf of the State. Stand of the State has been made clear including the fact that the petitioner has admitted the fact that he did not pass his departmental examination at the relevant time and that was the background under which second - 2 - time bound promotion came to be wrongly given contrary to the requirement of the circular and the rules. Petitioner has retired years ago on 31.1.1998 and he has now filed this writ application in the year 2006 challenging the order passed in terms of annexure-3 dated 22.5.2002. In the above stated background, it is a belated kind of claim especially when the admitted position is that the petitioner could not be given the benefit of second time bound promotion in absence of the petitioner passing the departmental examination. Question of granting any exemption now after so many years of his superannuation without there being any claim made in this regard while in service will also be unfair. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)