IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.566 of 2010 1. VIJAY KUMAR SINHA S/O LATE KAMESHWAR PRASAD R/O VILL-HASAULI, P.S- AURANGABAD, DISTT- AURANGABAD Versus 1. THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, DEPARTMENT OF EXCISE, GOVT. OF BIHAR, PATNA 2. THE DEPUTY COMMISSIONER, DEPARTMENT OF EXCISE (EXCISE INVESTIGATION BUERO), BIHAR, PATNA 3. THE ASSISTANT COMMISSIONER OF EXCISE DEPARTMENT GOVT.OF BIHAR, PATNA, NEW SECRETARIAT, BAILY ROAD, PATNA ----------- 3/ 26/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the writ application is to be considered for promotion from the post of Constable to that of A.S.I., Excise without applying the age bar of 50 years. The counter affidavit of the respondents states that the name of the petitioner figures in the seniority list of Constables at Serial No.581 and persons up-to Serial No.367 have been granted promotion. No person junior to the petitioner has been granted promotion. Learned counsel for the petitioner rightly submits that if the consideration for promotion was not annual as required under the Rules, the age bar cannot be applied to restrict his case from consideration in light of the judgements of this Court, affirmed in appeal and by the Supreme Court. No further orders are required at this stage - 2 - except to direct that the case of the petitioner is required to be considered for promotion in accordance with his seniority position. The application is disposed. KC ( Navin Sinha, J.)