IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11618 of 2011 Umesh Prasad Shrivastava, S/O- Late Jai Narain Prasad, permanent resident of village Dhanushi, P.S.- Kartahan, District- Vaishali, at present resident of Mohalla- Ranjan Yadav Path, Opposite Gyan Niketan, P.S.- Danapur, District- Patna. …………… Petitioner. Versus 1. The Bihar School Examination Board (Senior Secondary), Budh Marg, Patna through its Secretary, Budh Marg, Patna through its Secretary. 2. The Chairman, Bihar School Examination Board, Patna 3. The Secretary, Bihar School Examination Board, Patna. For the petitioner : Mr. Yugal Kishore, Sr. Advocate. For the B.S.E.B. : Mr. Satyabir Bharti, Advocate. ----------- 2 19.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Bihar School Examination Board. Petitioner assails the sustainability of order dated 20.7.2010 (Annexure-1) issued by the respondent Secretary, Bihar School Examination Board (for short “the Board”) whereby he has been made to superannuate from the services of the respondent Board on attaining 60 years of age. Learned counsel for the petitioner submits that this Court, at least on three occasions, considered the said issue and found that the employee of the respondent Board were entitled to continue in service till the age of 62 years. Reliance in this regard has been placed on an order of this Court dated 6.7.2011 passed in C.W.J.C. No. 10555 of 2011 (Annexure-7). It appears that the said application was allowed in terms of the order passed in C.W.J.C. No. 1703 2 of 2010. Learned counsel for the respondent Board accepts that the issue has been decided in C.W.J.C. No. 1703 of 2010 relying whereon the order dated 6.7.2011 (Annexure-7) was passed. In view of the agreement at Bar, this application is allowed for the reasons set out in the order dated 6.7.2011 (Annexure-7). The order dated 20.7.2010 (Annexure-1) is quashed and set aside. The respondent shall reinstate the petitioner back in service with all consequential benefits. pkj ( Kishore K. Mandal, J)