IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2833 of 2007 RAMESH CHANDRA RAJAK Versus THE STATE OF BIHAR & ORS ----------- 4 24.6.2008 Heard learned counsel for the petitioner, State and the counsel for the Bihar State Electricity Board, Patna (hereinafter referred to as “the Board”). Petitioner was applicant for a Class-IV post in the light of the Employment Notice dated 6.7.2006, Annexure-2, issued under the signature of the General Manager-Cum-Chief Engineer, Koshi Electric Supply Area, Saharsa. It further appears from perusal of letter No. 2301 dated 4.11.2006 of the authority which issued the advertisement that the case of the petitioner was considered and rejected as he was over age on the date of advertisement. The authority itself however under the aforesaid letter dated 4.11.2006 sought further instructions from the Board in the light of the instruction of the Governments contained in resolution dated 22.6.2006, Annexuree-3, whereunder the upper age limit for employment of the Scheduled Castes and Scheduled Tribes candidate in the Government service was raised from 40 years to 42 years. Till date instructions from the Board has not been issued and candidature of the petitioner is not being considered. Hence this petition. Counsel for the Board has opposed the prayer. He states that from the I.T.I. certificate issued to the petitioner, Annexure-1 itself, it will appear that his date of birth is 1.7.1964 and he was over age even as per the enhanced age on the date of the application as 2 according to him he was more than 42 years on 6.7.2006 and no relaxation in the case of the petitioner can be allowed in the light of the request contained in letter dated 4.11.2006. Having heard learned counsel for the parties, I am of the view that the Secretary of the Board should consider the request of the General Manager-Cum-Chief Engineer contained in letter No. 2301 dated 4.11.2006, Annexure-6, in the light of the resolution of the Government dated 22.6.2006 and of the Board contained in letter dated 28.6.2007 as early as possible in any case within one month from the date of receipt/production of a copy of this order whereafter the General Manager-cum-Chief Engineer, should act in terms of the instructions/directions of the Board. Application stands disposed of. P.K. (V.N. Sinha, J.)