(1.) THE two petitioners are placed in a position where they truly seem to be neither here nor there. THE Government declined to recall their services in pursuance of their exercise of option for reverting back to employment under the Government. In the eyes of law, therefore, they would be deemed to continue in the service of the Rajendra Agricultural University but the University Retired them from service on attaining the age of 58 years (being the age of retirement for Government employees) even though the age of retirement for the University employees is 60 years.
(2.) THE two petitioners were appointed in the year 1962 as Laboratory Assistant in the Soil Survey Scheme of Bihar Agriculture College, Sabaur, Bhagalpur which was at that time under the Department of Agriculture & Animal Husbandry, Government of Bihar. THE petitioners were working as temporary Government employees when the Rajendra Agricultural University Ordinance, 1971 (Ordinance No. 6 of 1971)(Replaced by the Rajendra Agricultural University Act, 1971) came into force. Under the provisions of the Act, the services of the two petitioners like many other temporary Government employees were transferred to the University constituted under the Act.
(3.) THIS writ petitioner was filed on 27.6.2001. During the pendency of this case, the University retired the two petitioners on their attaining the age of 58 years on the basis of the option given by them for reverting back to Government service. In doing so, it was clearly overlooked that the Government had declined to recall them in Government service. The petitioners, thus, find themselves in an awkward position.