EQUABAL HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the petitioners are doctors belonging to the Bihar Health Services. Since they all have a common grievance against the State, all the writ applications in question filed were ordered to be clubbed together and heard together. Since common questions of law have been raised for consideration in these writ applications, these are disposed of by a common order.

(2.) The cause of action for these petitioners arose when the State of Bihar through Department of Finance decided to issue a notification dated 28.01.2011 bringing about an amendment in the Bihar Service Code, 1952. By the said notification Rule 73(1) of the Bihar Service Code came to be amended by adding a proviso to the said sub -rule (1). The amendment is being quoted below as this is the bone of contention in all these writ applications: -

(3.) This amendment giving benefit of enhanced age of retirement to 65 years to the doctors having Post Graduate degree belonging to Indira Gandhi Institute of Cardiology (hereinafter to be referred to as the I.G.I.C.) at Patna has been alleged to be a hostile discrimination, violative of Articles 14 and 16 of the Constitution of India. The primary contention of the petitioners is that the State Government has created a class amongst a class to extend the benefit of additional three years of service to the doctors belonging to I.G.I.C. alone for extraneous reasons when all the doctors; especially the doctors of the Bihar Health Services are one class. The government by the said amendment and notification (annexure -5) have denied similar benefit to a large section of similar persons belonging to the cadre, by virtue of the said notification. They want quashing of annexure -5 or a direction upon the respondent State to enhance their age of retirement too, just like doctors of I.G.I.C. from the date of the notification of annexure -5 i.e. 28.1.2011.