IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18900 of 2010 RAJDEO PRASAD YADAV, S/O PUNIT RAY, R/O VILLAGE-BASTIJALAL, P.S.-DIGHWARA, DISTRICT- SARAN (CHAPRA), AT PRESENT WORKING AS CONSTABLE EXCISE, C/O SUPERINTENDENT OF EXCISE, PURNIA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF EXCISE AND PROHIBITION, GOVT. OF BIHAR, PATNA. 3. THE COMISSIONER, DEPARTMENT OF EXCISE AND PROHIBITION, GOVT. OF BIHAR, PATNA. 4. THE JOINT COMMISSIONER, DEPARTMENT OF EXCISE AND PROHIBITION, GOVT. OF BIHAR, PATNA. 5. THE SUPERINTENDENT OF EXCISE, PURNIA. ……………RESPONDENTS. ----------- 2 28.02.2011 The grievance of the petitioner is that the meeting of the D.P.C. was not held by the Department in time on account of which petitioner crossed the age of 50 years and, therefore, became ineligible for promotion from the post of Constable to A.S.I., Excise. Learned counsel for the petitioner submits that in many cases the Department has considered this delay and, therefore, relaxed the age of the otherwise eligible candidates and have promoted them. He has also drawn the attention of this Court to number of orders passed by this Court in different writ applications issuing directions to relax the age and consider the cases for promotion from 2 the date their juniors have already been promoted. Since orders have already been passed by this Court, it is only appropriate for the respondents to consider other incumbents also who are similarly circumstanced and to grant them same benefits as was given to the petitioners of those writ applications. The Department should not expect a separate mandamus from this Court in the case of each and every incumbent who may be otherwise eligible for consideration. The petitioner is also said to be similarly circumstanced. In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the Commissioner, Excise enclosing the earlier orders of this Court passed in similar circumstances within one month from today. If such a representation is filed, the Commissioner, Excise is directed to look into the matter, examine the earlier orders of this Court and, if the case of the petitioner is also identical to the petitioners of those cases, he should grant the said benefits to the petitioner as may have been granted to 3 those petitioners under the specific orders of this Court. It is expected that the Commissioner shall consider the representation of the petitioner and pass appropriate final orders within three months from the date of filing of the representation. Arvind/ ( J. N. Singh, J.)