IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.494 of 2010
1. CHANDRADIP MANJHI S/O LATE GIRBAR MANJHI R/O VILL-
MAKSUDPUR, P.S. KHAIRA, DISTT. SARAN, AT PRESENT
POSTED AND WORKING AS AN ASSISTANT SUB INSPECTOR
(EXCISE), VAISHALI, DISTT. VAISHALI
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY PERSONNEL AND
ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA
3. THE COMMISSIONER AND SECRETARY DEPTT. OF EXCISE,
GOVT. OF BIHAR, PATNA
4. THE COMMISSIONER EXCISE DEPTT., GOVT. OF BIHAR,
PATNA
5. THE DEPUTY COMMISSIONER DEPTT. OF EXCISE, BIHAR,
PATNA
6. THE ASSISTANT COMMISSIONER OF EXCISE DEPTT. OF
EXCISE, BIHAR, PATNA
7. THE SECRETARY OF COMMISSIONER OF EXCISE EXCISE
DEPTT., GOVT. OF BIHAR, PATNA
8. THE DIVISIONAL COMMISSIONER TIRHUT DIVISION AT
MUZAFFARPUR
9. THE DISTRICT MAGISTRATE VAISHALI
10. THE SUPERINTENDENT OF EXCISE VAISHALI
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3. 7.9.2010 Heard learned counsel for the petitioner
and the State.
When the juniors of the petitioner were
promoted as Sub-Inspector (Excise) on 30.6.1994, he
came to this Court in C.W.J.C. No. 9294 of 2003.
This Court permitted him to represent. Officiating
promotion was then granted on 29.10.2003 with
effect from 30.6.1994, for the reason that he had not
cleared the departmental examination. He was not
considered for regular promotion when he crossed
the age bar of 50 years for promotion prescribed
under the Rules. On 6.7.2009 he represented for
2
exemption for promotion from passing the
departmental examination on ground of having
crossed 50 years age which has been rejected on
2.9.2009.
By consent of the parties, this application
is disposed off in similar terms as reported in
2006(2) PLJR 199, affirmed in L.P.A. and by the
Supreme Court.
However, in the peculiar facts of the
present case, it is clarified that the petitioner shall
become eligible to be considered for promotion after
exemption from passing the departmental
examination only from the date that he crosses the
age of 50 years.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)