IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10389 of 2002 RAM NARAYAN PD.MANJERWAY, son of Late Sailja Prasad Manjerway, resident of Mohalla Jai Prakash Nagar, PS Jakkanpur, District Patna ……………………. Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Art, Culture and Youth, Bihar Patna 3. The Director of Museum, Bihar, Patna 4. The Accountant General, Bihar, Patna …………. Respondents With CWJC No.5559 of 2003 RAM NARAYAN PD.MANJERWAY, son of Late Sailja Prasad Manjerway, resident of Mohalla Jai Prakash Nagar, PS Jakkanpur, District Patna ……………………. Petitioner Versus 1. THE STATE OF BIHAR 2. The Director of Museum, Bihar, Patna 3. The Accountant General, Bihar, Patna …………. Respondents ----------- 3. 24.02.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioner originally came to this Court aggrieved by the order dated 9.1.2002 at Annexure 1 cancelling the second time bound promotion granted to him on 2.12.1996. During pendency of the writ application the respondents issued another order dated 3.9.2002 by which they have cancelled his first time bound promotion also granted as far back as 26.6.1988 and orders for recovery have been made. The petitioner retired on 31.12.1998. No sooner that the master and servant relationship stood severed, the respondents lost administrative control over the petitioner, except to the extent permissible under the Bihar Pension Rules or any provisions of the Penal laws. It is not the case of the respondents that the petitioner obtained any benefit by fraud or deception. The only ground available to the respondents after superannuation of the petitioner was if any benefits had been obtained by the petitioner by playing fraud or deception. That is not the case of the respondents. The only ground for the impugned order is the non- passing of the departmental Accounts Examination by the petitioner. The defence of the petitioner is that by an order dated 30.8.2001 he was granted exemption from appearing in the departmental examination. In any view of the matter, in pursuance of the Full Bench judgement of this Court reported in 2000(4) PLJR 262 he clearly comes within the exempted dates of 1.4.1980 to 29.3.1982 for which period the Full Bench has held that there were no provision for depriving such promotion for non passing of the Examination and that persons granted first time bound promotion during this period could not be deprived of the second time bound promotion also. It is not necessary for this Court to decide these issues as once the petitioner has retired, the only administrative control that the respondents have over him is one under Section 43 B of the Bihar Pension Rules. The orders dated 9.1.2002 and 3.9.2002 cancelling the first and second time bound promotions are set aside. As a consequence any order whether by way of reduction of pay scale or recovery in consequence of the impugned orders also becomes illegal and is set aside. The petitioner is entitled to be returned any amount that may have been recovered in pursuance of the same. The writ applications stand allowed. Snkumar/- (Navin Sinha,J.)