IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2567 of 2010 1. MD.SHAMSHER YAR KHAN S/O LATE ALI HAIDAR KHAN R/O MOH RAZA BAZAR,SAMANPURA,P.S.SHASTRI NAGAR,DISTT-PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY CUM-COMMISSIONER OF EXCISE, DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE DEPUTY COMMISSIONER OF EXCISE (EXCISE INVESTIGATION BUREAU) BIHAR, PATNA 3. THE ASSISTANT COMMISSIONER OF EXCISE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, NEW SECRETARIAT, BAILY ROAD, PATNA ----------- 02. 23.08.2010 Learned counsel for the petitioner submits that being a Constable in the Department of Excise, the petitioner has a right to be considered for promotion to the post of A.S.I. (Excise) from the date that his juniors have been promoted. He relies upon an order of this Court reported in 2006 (2) PLJR 199 (MD. ZAHIR VERSUS THE STATE OF BIHAR & OTHERS) affirmed in L.P.A. No. 355 of 2006 as affirmed in S.L.P. (civil) 23005 of 2007 directing such consideration holding that the age bar of 50 years cannot operate to the prejudice of persons like the petitioner, when they had right to be considered for promotion in time, which was not fulfilled by the respondents. The writ petition is disposed off in similar terms as C.W.J.C. No. 14908 of 2004 affirmed in L.P.A. No. 355 of 2006 which in turn has been confirmed by the Apex Court in S.L.P. (Civil) No. 23005 of 2007. Let such consideration be done and 2 appropriate decision in accordance with law be taken preferably within a maximum period of six months from the date of receipt/production of a copy of this order before the concerned respondents. The application stands disposed. P.K. (Navin Sinha, J.)