Shyama Thakur v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14007 of 2017 ====================================================== Shyama Thakur Wife of Late Chandra Mohan Thakur Resident of Village - Dumari, P.O. - Manika, P.S. - Mushari, Anchal - Mushari, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.
3. The Excise Commissioner, Registration, Excise & Prohibition Department, Government of Bihar, Patna.
4. The Deputy Excise Commissioner, Registration, Excise & Prohibition Department, Tirhut-cum-Saran Division, Muzaffarpur.
5. The Superintendent Excise, West Champaran, Bettiah. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nalin Kumar For the Respondent/s : Mr. Anil Kr. Sinha-Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2018 The learned counsel for the parties have made their respective submissions and relied on judgments passed by the Division Bench of this Court in their favour, which are the ones reported in 2013 (1) PLJR 939 [ State of Bihar v. Kusheswar Nath Pandey] and 2017(3) PLJR 824 [Uday Shanker Prasad v. State of Bihar].
In view of the aforesaid, it is directed that the respondent no.3 shall examine the contention of the respective parties as also the judgment rendered by a Division Bench of this Court reported in 2013 (1) PLJR 939 [ State of Bihar v. Kusheswar Nath Pandey]
Patna High Court CWJC No.14007 of 2017 (2) dt.26-04-2018 2/2 and the judgment rendered in 2017(3) PLJR 824 [Uday Shanker Prasad v. State of Bihar] and take a final decision as to whether the petitioner is entitled to the benefits of ACP/MACP even if he has not passed the departmental examination but has crossed the age of 50 years.
The entire exercise be completed within a period of six weeks from today.
The writ petition is disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) BTiwary/- U