Patna High Court
Yogendra Ram vs The State Of Bihar And Ors on 5 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10264 of 2018
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Yogendra Ram, Son of Pancha Raut, Resident of Village- Chandpur, P.O.-
Sikandarpur, P.S.- Sangrampur, District- East Champaran Motihari.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Department of Animal Husbandry
and Fisheries, Government of Bihar, Patna.
2. The Director Directorate of Animal Husbandry Department, Patna.
3. The Regional Director, Department of Animal Husbandry, Magadh Range,
Gaya.
4. The District Animal Husbandry Officer, Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Saroj Kumar, Advocate
For the State : Mr. Navnit Kumar (AC to GP-18)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 05-10-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
considering the case of the petitioner for the recommendation of
his application for exemption from passing the examination of
the accounts which the petitioner could not have passed even
after his continuous appearance upto the age of 50 years and
eventually stands retired on 30.04.2012 from the office of the
Animal Husbandry, Nawada without getting the benefit of ACP.
3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.10264 of 2018 dt.05-10-2023
petitioner has retired from the service on 30.04.2012 from the
post of Lekhapal (Accountant) from the office of Animal
Husbandry, Nawada. He further submits that initially, the
petitioner had joined the post of Chowkidar in the office of
Deputy Director, Department of Animal Husbandry, Central
Range, Patna on 10.12.1973 and with the span of time, he was
promoted to the post of Clerk by the order of Regional Joint
Director, Animal Husbandry Department, Central Range, Patna
vide memo No. 30 dated 05.01.1979 and started getting the pay
scale of Rs. 220-315.
4. Learned counsel further submits that the petitioner
has also passed the Hindi noting and drafting examination held
in the year 1984 but he was unsuccessful in clearing his Account
examination in the year 1989 and further passed the same
examination in the year 1995. Counsel further submits that the
petitioner passed his first paper of Account examination on
completion of 50 years and submitted his representation before
the District Animal Husbandry, Officer, Nawada on 09.08.2008
for recommendation and forwarding the same to the higher
officer for grant of exemption from passing the account
examination. Subsequently, the petitioner retired from the
service in the year 2012. Thereafter, the petitioner had filed
Patna High Court CWJC No.10264 of 2018 dt.05-10-2023
CWJC No. 8981 of 2015 with a prayer for payment of his
arrears which was disposed of vide order dated 19.05.2017 by
this Hon'ble Court. Thereafter, the retiral dues amount of the
petitioner has been paid, but the case of consideration of his
exemption from passing the account examination which he
made in the year 2008 (Annexure-1) has not been taken into
consideration. Thereafter, the petitioner has filed the present
writ petition.
5. Learned counsel for the State submits that a
counter affidavit has been filed in this case. From the counter
affidavit, particularly from Annexure-C series, Letter No. 12
R/5040-78 ka/1925, dated 21.06.1978 and, subsequently vide
letter No. 11691 dated 09.11.1983 (Annexure-A) which is
related to the grant of exemption from passing a departmental
examination in which according to Clause 6, it appears that the
power of granting exemption order has been vested in the
departmental Ministers. But subsequently, another letter No.
4674 dated 15.05.1992 by which modification has been made in
the earlier letter No. 11691 dated 09.11.1983. According to this
the power for granting exemption has been vested in the
departmental Secretary and the Divisional Commissioner as the
case may be.
Patna High Court CWJC No.10264 of 2018 dt.05-10-2023
6. Learned counsel for the State further submits that
letter No. 758 dated 25.04.2019 annexed as annexure- C series
to the counter affidavit suggests that since the petitioner has not
prayed for exemption during his service period, therefore, his
case has not been considered.
7. Upon going through the pleadings and documents,
it transpires to this Court that in the light of the letter No. 4674
dated 15.05.1992, the power to grant exemption from
departmental examination has been vested in the departmental
Secretary and Divisional Commissioner as the case may be. The
stand of the District Animal Husbandry, Officer, Nawada is also
not correct that the petitioner has not filed an application for
granting exemption which is apparent from Annexure-1 of the
writ petition by which it transpires that the petitioner has filed
representation on 09.08.2008 for granting exemption prior to his
retirement.
8. In this view of the matter, this writ petition is
disposed of directing the petitioner to file a representation
before the appropriate authority i.e. the Secretary, Department of
Animal Husbandry and Fisheries, Government of Bihar, in light
of clause 6 of the letter No. 4674 dated 15.05.1992 annexed by
the respondent in Annexure-C series of the counter affidavit
Patna High Court CWJC No.10264 of 2018 dt.05-10-2023
within four weeks along with a copy of this order whereupon
the Secretary, Department of Animal Husbandry and Fisheries,
Government of Bihar, is directed to pass a reasoned and
speaking order on the representation filed by the petitioner
within 3 months thereafter.
9. With this observation and direction, this present
writ petition stands disposed of.
(Dr. Anshuman, J.)
Divyansh/Ashwini
AFR/NAFR
CAV DATE NA
Uploading Date 09/10/2023
Transmission Date NA
