- (1.) KUDGMENT Petitioner in this writ application has prayed for quashing the order dated 20.09.2007 vide Memo No. 1256 issued under the signatures of Respondent No. 2 (Annexure -6) whereby the petitioners representation has been rejected. A further prayer has been made to issue a direction to the Respondents to consider the petitioners case for his appointment on the post of Sub -Inspector of Excise by promotion after giving relaxation in age in terms of the ratio laid down by this Court in the case of Subodh Kumar Jha V/s. State of Jharkhand and others as also in terms of the ratio decided by a Division Bench of this Court in the case of Jharkhand Justice Forum Vs. State of Jharkhand (2003) 4 JLJR 793.
(2.) PETITIONER was initially appointed as Excise Clerk in the year 1991 under the Respondent State. For the purpose of promotion to the higher post of Sub -Inspector of Excise, a Rule has been framed under which 75% vacancies was to be filled up by direct recruitment and 25% by promotion. The upper age limit was fixed up to 25 years for appointment by direct recruitment and 35 years for appointment by promotion. Subsequently the upper age limit for the direct recruitment was enhanced up to 35 years in the General Category and for those in the category of SC and ST up to 40 years. A departmental examination was to be held on 26.05.2007 for the selection of candidates to be appointed on the higher post by promotion. The petitioner, considering himself to be eligible, had also submitted his candidature and had also appeared at the examination and he was declared successful by publication of the result dated 12.06.2007. However, on the plea that the petitioner has crossed the upper age limit of 35 years, his promotion was denied to him by Annexure -3. Similar denial was made in the case of other candidates also. Such adversely affected candidates filed a writ petition before this Court vide W.P.(S) No. 6346 of 2007. The said writ petition was disposed of by this Court vide order dated 13.02.2008 (Annexure -8). Earlier a writ application was filed by some of the candidates before the Patna High Court for a direction to the respondents to enhance the age suitably by a minimum of seven years. A Single Bench of the Patna High Court had allowed the prayer of the petitioners therein for enhancement of the age from 35 to 42 years. However, in the L.P.A. filed by the respondents therein, a Division Bench of the Patna High Court set aside the order of the learned Single Bench vide order dated 09.11.2006 passed in LPA No. 1248 of 2005. The petitioner had filed a representation before the concerned authorities for considering his case for his promotion by relaxation in the upper age limit. That representation was however rejected by the respondent authorities vide Annexure -6. In the meantime, the writ application filed by one Tripurari Kumar and Mahesh Kumar Das vide W.P.(S) No. 6346 of 2007 was disposed of on 13.02.2008 by a Bench of this Court with a direction to the respondent State to consider the case of the petitioners therein for their appointment on the post of Sub -Inspector of Excise after giving relaxation in the upper age limit.
(3.) IT appears from the perusal of the aforesaid order dated 13.02.2008 passed in W.P.(S) No. 6346 of 2007 that pursuant to the orders passed by the Division Bench of the Patna High Court, the petitioners therein namely Tripurari Kumar and Mahesh Kumar Das were also denied promotion on the ground of their having crossed the upper age limit of 35 years.;