NIWAS DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in this case relates to the superannuation age of Class III employees of the Magadh University and its colleges.

(2.) The short facts of the case are that the petitioner was appointed as Cashier in T.P.S. College, Patna on 27-10-1976. He joined the post on 1-11-1976. On 5-2-2003 he was informed by Annexure-2 that he would be retiring from service on reaching the age of superannuation of 60 years on 28-2-2003. The case of the petitioner is that the superannuation age of non-teaching employees of the University/College appointed prior to coming into force of Bihar State Universities Act, 1976, vide Section 67 of the Act, is 62 years. His date of birth being 5-2-1943 he is entitled to continue in service upto February, 2005. His retirement with effect from 28-2-2003 is thus premature and illegal.

(3.) The stand of the University is that the superannuation age of non-teaching staff appointed prior to 16-8-1976 is 62 years whereas those appointed on or after 16-8-1976 (except inferior servants) are to retire on reaching the age of 60 years. As the petitioner was appointed on 27-10-1976/1-11-1976, his superannuation age would be 60 years and thus his date of birth being 5-2-1943, he has rightly been retired on 28-2-2003.