PARMANAND JHA Vs. RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 13.2.2001 (Annexure -6) whereby it has been directed that the petitioner shall retire from service on 31.1.2001 on attaining the age of superannuation.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioner was appointed as Store Keeper by the State Government and joined as such at Agriculture Research Institute, Bihar Agriculture College, Sabour, Bhagalpur. Later, on establishment of the Rajendra Agriculture University) under the Rajendra Agriculture University Act, 1971 petitioners service was transferred to the University. Petitioner opted to remain in the State Government services and filed such option within time. It was the grievance of the petitioner that although his option to remain in the State Government service has not been accepted, still the respondent -University, treating him to be the temporary State Government employee, had decided to retire him from service on attaining the age of 58 years. Aggrieved by the same, petitioner along with other similarly situated persons filed C.W.J.C. No. 6145 of 2000 (Niranjan Jha and others V/s. State of Bihar and others) before this Court and a learned single Judge of this Court by order dated 31.7.2000 disposed of the writ application in the following words: "In the facts and circumstances, I remit the matter to the respondent -State and its authorities of Agriculture Department to determine the question relating to exercise of option as given by one or other petitioner and communicate the decision to the petitioners within a period of two months from the date of receipt/production of a copy of this order. If option of one or other petitioner is accepted, they will stand retired from the services on attaining the age of 58 years, treating them to be a State Government employee. On the other hand, if prayer of one or other petitioner is rejected, the respondents will give reason and will state as to what will be their status and age of their retirement. The writ application stands disposed of with the aforesaid observations/directions."

(3.) MR . Ojha appearing on behalf of the petitioner states that the petitioner accepts the order dated 1.2.2001 (Annexure -7) passed by the Agriculture Production Commissioner and does not intend to challenge the same. He submits that the petitioner having been held to be an employee of the respondent -University, the decision of the respondent -University to retire him at the age of 58 years, treating him a Government servant, is illegal. He points out that the age of superannuation of University employee is 60 years. He submits that the matter stands concluded by the judgment of this Court dated 28.1.2002 passed in C.W.J.C. 7836 of 2001. (Kamalnath Jha & Ors. V/s. State of Bihar and Ors.) [2002 (1) PLJR 698] and my attention has been drawn to the following passage from the said judgment : "As a consequence of the Government decision the petitioner will be deemed to continue in the employment of the University. They no longer wish to challenge the Government decision. The result will be that they will continue as University employees. The University is accordingly directed to recall the orders retiring the two petitioners from service on attaining the age of 58 years and to allow them to resume their duties. The petitioners will be entitled to their full salary and other benefits, from their respective dates of retirement till the date they resume their duties. The petitioners are held and declared to be employees of the University and their conditions of service, including the age of retirement and the settlement of their retiral benefits will be governed by the provisions of the Act, Rules and the Statutes governing the service conditions of the University employee."