IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2016 of 2011 Chandra Shekhar Jha, son of Sri Kripa Kant Jha, permanent resident of Village- Babhangama, P.S. Triveniganj, District- Supaul, at present residing at Professors’ Colony, New Punaichak, P.S. Shastrinagar, District and town of Patna ………………….. Petitioner Versus 1. The Bihar School Examination Board (Senior Secondary), Bodh Marg, Patna through its Secretary 2. The Chairman, Bihar School Examination Board, Patna 3. The Secretary, Bihar School Examination Board, Patna ………………….. Respondents ----------- For the petitioner: M/s. Gyanand Roy & Sheo Nandan Mishra, Advocates For the Board: M/s. Lalit Kishore, Sr. Advocate and Piyush Lall, Advocate ----------- 3. 25.4.2011 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination (Senior Secondary) Board. The petitioner seeks quashing of the office order dated 20.1.2011 (Annexure-1) of the Secretary, Bihar School Examination Board by which it has been directed that the petitioner will retire from service in the after noon of 31.1.2011 on attaining the age of 60 years. The prayer of the petitioner is for a direction that he be allowed to continue in service till he attains the age of 62 years. The petitioner was working as Budget and 2 Accounts Officer in the Bihar Intermediate Education Council and the same was abolished in terms of the Bihar Intermediate Education Council Repeal Act and the assets and liabilities have been transferred to and vested with and devolved on the Bihar School Examination Board. With respect to the employees it was provided by Section 3 that they shall remain in employment and they shall continue to be paid same salary and allowance as was paid on the date of repeal of the Act till such time the State Government takes such final decision as is provided in the said Section. The issue raised in the present matter is no longer res integra in view of the decision of a learned Single Judge of this Court dated 11.3.2010 in CWJC No. 1703/2010 (Yogeshwar Roy Vs. Bihar School Examination Board & ors.) which has been upheld on appeal by order dated 26.4.2010 in LPA No. 738/2010, SLP against which has been dismissed by the Supreme Court. The writ application is accordingly allowed in terms of the order dated 11.3.2010 passed in CWJC No. 1703/2010 read with the observations made in the 3 order dated 26.4.2010 in LPA No. 738/2010. Consequentially the respondent authorities are directed to forthwith reinstate the petitioner with all consequential benefits. S.Pandey ( Ramesh Kumar Datta, J.)