In CWJC No.566 of 2010, the Patna High Court disposed of a writ application filed by an Excise Constable seeking promotion to ASI without the age bar of 50 years, directing the respondent to consider his case per seniority.
Direct the case of the petitioner is required to be considered for promotion in accordance with his seniority position.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
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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
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.)
1 issue framed by the court
Whether the petitioner's case for promotion to ASI under consideration without applying the age bar of 50 years given non-annual consideration of cases.
VIJAY KUMAR SINHA
THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, DEPARTMENT OF EXCISE
THE DEPUTY COMMISSIONER, DEPARTMENT OF EXCISE
THE ASSISTANT COMMISSIONER OF EXCISE DEPARTMENT
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court