IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10555 of 2011 Rabikant Jha son of late Sripati Jha, permanent resident of vill- Kahra, P.S.Kahra, Prakhand-Patharghat Kothi, Dist-Saharsa, at present residing in Mohalla-North Patelnagar, P.S. Shastrinagar, Dist. Patna. ---Petitioner Versus 1. The Bihar School Examination Board (Senior Secondary),Budh Marg, Patna through its Secretary . 2. The Chairman, Bihar School Examination Board, Patna. 3. The Secretary, Bihar School Examination Board, Patna. ---Respondents. ----------- 02 06.07.2011 Heard both sides. It is agreed at Bar that the issue projected in this application has already been considered by a Bench of this Court wherein it has been found and held that the employees of the erstwhile Bihar Intermediate Council are entitled to continue in service till attaining age of 62 years. The said order of this Court is Annexure-2. Learned counsel for the petitioner submits that a writ appeal preferred thereagainst also stood dismissed. The said order is Annexure-3. It is also highlighted that a Special Leave Petition was also filed by the respondents challenging the order dated 26.04.2010 (Annexure-3) which has also been dismissed. Learned counsel representing the respondent no.1 (Bihar School Examination Board (Senior Secondary) Budh Marg, Patna through its Secretary agrees with the submission of the counsel for the petitioner. Accordingly, the present application is allowed in the terms in which C.W.J.C. No. 1703 of 2010 (Annexure-2) was allowed. For the reasons set out in the said order (Annexure-2), the order communicated by memo no. BSEB (SS)/102/Estab./10 Patna dated 21.12.2010 (Annexure- 1) directing the petitioner to retire w.e.f. 31.12.2010 is quashed and set 2 aside. The respondents shall reinstate the petitioner back in service with all consequential benefits. Sym ( Kishore K. Mandal, J. )