Heard counsel for the parties.

2. In both these writ applications the two petitioners have prayed for an identical relief which is quoted hereinbelow:-

"That this is an application for issuance of an appropriate writ/order/direction to the respondents for considering the name of the petitioner for inclusion in the seniority list of Graduate Panchayat Secretaries being prepared for promotion on the post of Block Panchayat Officer under 25% quota as per the provisions made under Rule(ii) of Rule 6 of the Bihar Panchayat Service Rules, 2010 (hereinafter referred to a "2010 Rules") under which the process was initially initiated by the letter issued vide memo No. 3212 dated 22.04.2010 but the same could not be completed and later on again vide letter No. 4575 dated 30.07.2012, the process has been initiated but without fixing the cut-off date for counting the 50 years of age in absence of that the District Authorities are not sending the name of the petitioner for inclusion in the seniority list of Graduate Panchayat Secretaries and be further give direction in absence of cut-off date fixed under 2010 Rules for counting the maximum age 50 years, the letter of Department of Personnel and Administrative Reforms (now General Administration Department) on this point issued vide Memo NO. 212 dated 23.01.2006. Paragraph 3 of the said letter be given effect to and as on the date of vacancy of the post, the cut-off date for counting maximum age be fixed for consideration of name of Graduate Panchayat Secretaries to be promoted on the post of Block Panchayat Officer."

3. Mr. Jetendra Kumar Rai, learned counsel appearing on behalf of the petitioner in both the cases has submitted that the petitioners have a right to be considered for promotion on the post of Block Gram Panchayati Officer in terms of Rule-7 of Bihar Panchayat Sewa Niyamawali 2010 hereinafter referred to as 2010 Rules and as such the decision of their controlling authority namely, the Collector of Rohtas at Sasaram and District Panchayati Raj Officer, Rohtas at Sasaram of not including the name of the petitioners for their being included in the state level seniority list is per se illegal.

4. In this regard, he has also explained that after the said rule was notified on 12.03.2010, the State government in Panchayat Raj Department by letter dated 22.04.2010 had started the process of collecting details of the working Panchayat Secretary having qualification of graduation with 10 years of experience on the post of Panchayat Sachiv and if such an exercise was abandoned in the midway, the petitioners could not have been deprived of such consideration only on account of their completion of 50 years of age as on 30.07.2012, specially when the petitioners also had a right of being considered for such promotion under the earlier executive instruction dated 07.03.1983 envisaging promotion of 50 per cent of Panchayat Sevak on the post of Gram Panchayat Supervisor.

5. He in his submission has also emphasized on the aspect that there has to be a cut-off date for such consideration and in absence thereof the Government decision dated 23.01.2006 as with regard to recruitment in the Government service, on the recommendation of Bihar Public Service Commission, has to be followed.

6. Mrs. Vinita Singh, learned A.C to A.A.G-I on the other hand has submitted that the petitioner cannot claim for being included in the combined gradation list on the post of graduate Panchayat Secretaries because as on 30.07.2012 they had already crossed the age of 50 years whereas one of the requirement under 2010 Rules for promotion on the post of Block Panchayat Raj Officer is that the Panchayat Secretary must not have completed 50 years of age as on the date of promotion. She has further submitted that the earlier Government Letter dated 22.04.2010 was not with regard to the Panchayat Secretaries of Rohtas district so as to enable the petitioner to claim consideration for promotion by treating the date