KRISHNA KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The prayer of the petitioner in this writ application is for quashing of an order contained in letter no. 1256/12/13 dated 9.11.2012, whereby and whereunder, the petitioner has been informed that he would superannuate with effect from 31.8.2013. The petitioner has also sought a consequential relief that the respondents should be directed to continue the petitioner in service till 31.1.2015 on the basis of his date of birth being 16.1.1953 as recorded in the matriculation certificate.

(2.) Learned counsel for the petitioner has submitted that the impugned order passed by the Principal of CM. College, Darbhanga (hereinafter to be referred to as 'the College') is contrary to the provisions contained in Section 67 of the Bihar State Universities Act which lays down that the date of retirement of a non-teaching employee in the University service shall be on completion of 62 years of age. In this regard, he has submitted that the decision of the L.N. Mithila University being implemented in all the colleges as with regard to maximum tenure of service of a non-teaching employee of 44 years is to be made applicable in case of such employees who do not possess the authentic proof of their date of birth but as the petitioner has passed the matriculation examination wherein his date of birth has been recorded as 16.1.1953, his date of retirement would be only 31.1.2015.

(3.) Per contra, learned counsel for the University has submitted that the decision of the State Government which has been followed by the University for giving a maximum tenure of 44 years of service to a non-teaching employee is based on a sound rationale that no one in any event can enter in the contract of service without being major. In other words, he has sought to explain that anyone who has taken advantage at the time of entry in service being lesser in age than 18 years will have to limit his service only up to completion of 44 years. He has submitted this decision has been uniformly applied in cases of non-teaching employees of all the Universities and no non-teaching employees in any University is being allowed to continue in service for a period over 44 years.