IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19191 of 2011 Surendra Kumar Singh S/O Late Ram Chandra Prasad Singh R/O Village - Mura Majhawan, P.O. & P.S. - Darauli, District - Siwan At Present Working As Excise Constable C/O Superintendent Of Excise, Sitamarhi …………………. Petitioner. Versus 1. The State Of Bihar 2. The Secretary, Department Of Registration Excise And Prohibition, Bihar, Patna 3. The Commissioner, Department Of Registration Excise And Prohibition, Bihar, Patna 4. The Joint Commissioner, Department Of Registration Excise And Prohibition, Bihar, Patna 5. The Superintendent Of Excise, Sitamarhi ………….Respondents. ---------------------------------- 2. 04.11.2011 In this case, basically the claim of the petitioner is that he should be considered for promotion to the post of Assistant Sub- Inspector, Excise even though he has already crossed the age of 50 years. The State of Bihar has taken a decision not to grant promotion to a person having crossed the age of 50 years but that issue was challenged before this Court on different occasions and this Court has granted relief in this matter. In this case the petitioner was appointed as Excise constable on 1st March 1980 and continued upto 30th June 1981. The case of the petitioner is that his case was not considered, though the respondents vide Memo No. 3978 dated 27th October 2004 promoted 56 Excise Constables to the aforesaid post. He has further stated that similarly situated persons had come before this Court in different writ petitions, including C.W.J.C.No. 16442 of 2004 (Md.Safique Vs. State of Bihar & others) in which it has been admitted by the State that by that mistake his case was not considered. Accordingly the petitioner was granted such 2 promotion. Similarly, in C.W.J.C.No. 14908 of 2004 (Md. Zahir Vs. State of Bihar & others) the point raised was that he was not considered for promotion because he had crossed the age of 50 years. This Court after consideration of the facts had directed for consideration of his promotion waving out the age-bar. The matter was challenged in LPA No. 355 of 2006 but the same was dismissed and thereafter this case had traveled upto Supreme Court where SLP (Civil) No.23005 of 2007 was also dismissed. In a similar fact and circumstance, another person Md. Ejaj Ahmad filed C.W.J.C.No. 2150 of 2010 and this Court again granted relief for consideration of his promotion waving the age bar of 50 years as had been granted by this Court in earlier cases. On considering the case of the petitioner, I am of the view that the petitioner was in the same category and he is also entitled for same relief as granted by different orders of this Court to other similarly situated persons. In this view of the matter, the case of the petitioner be also considered for promotion from the date his juniors have been promoted to the post of Assistant Sub-Inspector, Excise relaxing the age bar of 50 years. Let this exercise of consideration be completed within a period of 4 months from the date of receipt/production of copy f this order. The writ petition is allowed. Jay/ (Shivaji Pandey,J)