S.Ali Ahmed, J.

1. Civil Writ Jurisdiction Case No. 5650 of 1988 was placed for admission before a Division Bench consisting of Mr. Justice P.S, Mishra and Mr. Justice S.B. Sinha on June 12, 1988. The attention of the Bench was drawn to the order passed on C.W.J.C No. 151 of 1988 wherein it was said that the Excise Deputy Commissioner (E.I.B.) would examine the cases of the petitioners who would appear before him either on the 23rd or the 24th May, 1988, and would appoint them on being satisfied that they were physically fit and had not incurred such disqualification which would disentitle them to the appointment and that the petitioners should not be refused appointment on the ground that they have crossed the age limit. It appears that it was urged before the Division Bench that the order was not only a precedent but also was ratio of the order and, as such, other similarly situated employees have right to be given the relief which the petitioners of that case were given. The Bench doubted the correctness of the decision and directed this case to be heard by a larger Bench after admitting the same. Thereafter C.W.J.C No. 5250 and C.W.J.C. No. 5705 of 1988 were also admitt