IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15767 of 2009 1. SURYA NARAIN PRASAD S/O LATE BINDESHWARI PRASAD R/OVILL SUSARI, P.O. BITHAULI, P.S. BAHERI, DISTT- DARBHANGA, AT PRESENT WORKING AS EXCISE CONSTABLE C/O SUPERINTENDENT OF EXCISE, SAMASTIPUR 2. VIJAY KUMAR GUPTA S/O LATE NAND KISHORE PRASAD GUPTA R/OMOH MALIGHAT, CHUNABHATHI ROAD, P.S. MITHANPURA, DISTT- MUZAFFARPUR, AT PRESENT WORKING AS EXCISE CONSTABLE C/O SUPERINTENDENT OF EXCISE, SAMASTIPUR Versus 1. THE STATE OF BIHAR , THROUGH ITS CHIEF SECRETARY BIHAR, PATNA 2. THE SECRETARY, DEPARTMENT OF EXCISE AND PROHIBITION, BIHAR , PATNA 3. THE COMMISSIONER, DEPARTMENT OF EXCISE AND PROHIBITION BIHAR, PATNA 4. THE JOINT- COMMISSIONER, DEPARTMENT OF EXCISE AND PROHIBITION BIHAR, PATNA 5. THE SUPERINTENDENT OF EXCISE SAMASTIPUR With CWJC No.15768 of 2009 1. SYED MOAZZAM HUSSAIN S/O LATE SYED NAZIR HUSSAIN R/OVILL CHANDANPATTI, P.S.ASHOK PAPER MILL , DISTT- DARBHANGA, AT PRESENT WORKING AS EXCISE CONSTABLE C/O SUPERINTENDENT OF EXCISE SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY BIHAR, PATNA 2. THE SECRETARY , DEPARTMENT OF EXCISE AND PROHIBITION, BIHAR, PATNA 3. THE COMMISSIONER ,DEPARTMENT OF EXCISE AND PROHIBITION BIHAR, PATNA 4. THE JOINT COMMISSIONER , DEPARTMENT OF EXCISE AND PROHIBITION, BIHAR , PATNA 5. THE SUPERINTENDENT OF EXCISE SAMASTIPUR With CWJC No.15806 of 2009 1. CHANDRA KUMAR JHA S/O LATE RAM LOCHAN JHA, R/O VILL- KEOTA, P.O- SHUBHANKERPUR, P.S-KALUAHI, DISTT- MADHUBANI AT PRESENT WORKING AS EXCISE CONSTABLE C/O SUPERINTENDENT OF EXCISE, SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR,PATNA 2. THE SECRETARY, DEPARTMENT OF EXCISE AND PROBIHITION, BIHAR, PATNA 2 3. THE COMMISSIONER, DEPARTMENT OF EXCISE AND PROHIBITION, BIHAR, PATNA 4. THE JOINT COMMISSIONER DEPARTMENT OF EXCISE AND PROHIBITION, BIHAR, PATNA 5. THE SUPERINTENDENT OF EXCISE, SAMASTIPUR ----------- For the Petitioner :- Mr. Kaushalesh Choudhary, Adv For the State :- Mr. S.S. Sundaram, A.C. to A.G. ------------------ 2. 17.12.2009 Heard learned counsel for the petitioners and the State. The claim in these three writ applications is to be considered for promotion to the post of Assistant Sub- Inspector from that of Excise Constable urging inter alia that the bar of age of 50 years shall not prejudice the case of the petitioners. Strong reliance has been placed on certain orders of this Court appended at Annexures 7, 8 and 13 of C.W.J.C. No. 15767 of 2009. Learned counsel for the State has no objection to the disposal of these writ applications with the direction to consider the case of the petitioners in accordance with law as discussed by this Court in the aforesaid judgment. Should the respondents propose to hold that the petitioners are not entitled to similar relief as discussed in the aforesaid judgment of this Court, they shall be obliged to pass a reasoned and speaking order setting out the grounds of differentiation which distinguishes the case of the petitioners from those relied upon by them. 3 Let this exercise be completed and final appropriate orders passed within a maximum period of six months from the date of receipt/production of a copy of this order. The writ applications stand disposed. P. Kumar (Navin Sinha, J.)