ARUN KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjiv Kumar Mishra, learned counsel appearing on behalf of petitioner and Mr. Tej Bahadur Singh, learned Additional Advocate General, appearing on behalf of the State of Bihar and other official respondents. Petitioner is aggrieved by the communication dated 15.05.2002 (Annexure-5) whereby the Executive Engineer, Patliputra Building Division, Patna, gave a notice to the petitioner to the effect that he would be retiring from service after completing forty years of Government service with effect from 30.11.2002. The petitioner, as consequence to the quashing of the order has sought for a direction to the respondents to allow him to continue to discharge his duties till he attains the age of 58 years.

(2.) The petitioner, as per the writ petition, was appointed on the post of "Work Sarkar" in the Building Construction Department on 01.11.1962. He passed matriculation examination in the year 1961 and as per the certificate issued by the Bihar School Examination Board, Patna, his date of birth is 21.12.1945. According to pleadings in the writ petition, in view of Rule-73 of the Bihar Service Code, the petitioner would have retired on 30th December, 2003, after attaining the age of superannuation i.e., 58 years.

(3.) The writ petition was filed with the plea that no provision under the Bihar Service Code or any other rule provided that a Government servant under State of Bihar would retire after completing forty years of Government service and therefore, it has been contended that the impugned order dated 15.05.2002 is in the teeth of Rule-73 of Bihar Service Code. Vide order dated 26.12.2002, this writ petition was admitted on the sole issue as to whether a minor could enter into the contract with the State Government as its employee, there being no provision prescribing minimum age for entering into service in Bihar Government. Learned counsel for the petitioner Mr. Sanjiv Kumar Mishra, has fairly conceded, in view of Full Bench judgment of this Court Ragawa Narayan Mishra Vs. Chief Executive officer, Bihar Rajya Khadi Gramoudyog Board, 2006 1 PLJR 410 that the legality of the impugned order cannot be questioned as it has been specifically held in paragraph-18 of the said judgment which is being quoted below for ready reference that a Government servant who has completed 40 years of service or has attained age of 58 years has to be superannuated:-