STATE OF BIHAR Vs. PREM KANT MISHRA

JUDGEMENT

(1.) The Appellant is aggrieved by order dated 18.2.2011, allowing CWJC No. 5478 of 2003 preferred by the Respondent. The Respondent held the post of 'Demonstrator' in the Government Polytechnic and questioned his superannuation on 31.5.2003 at the age of 58 years under order dated 8.4.2003 contending that he was entitled to continue till the age of 60 years.

(2.) The Writ Court allowed the claim holding that the age for superannuation of Teachers in Government Engineering Colleges had been increased to 60 years by order dated 16.2.1990. 'Demonstrator' was a teaching post under the University laws. The nature of duties performed by the petitioner were the same as performed by 'Demonstrators' in University colleges and pay scale was also the same. The classification that he was employed in a Government Engineering College could not be sufficient justification for a different treatment. 'Demonstrators' in the Bihar Engineering College, under the Science and Technology Department, were allowed to superannuate at the age of 60 years. Similar claim had been allowed in (The Teachers Association of the Government Engineering Colleges v. The State of Bihar, 1992 2 PLJR 742) followed in (Sundeshwari Prasad v. The State of Bihar,1996 2 PLJR 646).

(3.) Learned Counsel for the Appellant submitted that the Petitioner was appointed as Laboratory Assistant by the Principal, Muzaffarpur Institute of Technology, a Government Engineering College. The post was re designated as 'Demonstrator' in CWJC 522 of 1979. The Institution being a Government College, the respondent was an employee of the State Government and his service conditions including age of superannuation were governed by the Bihar Service Code fixed at 58 years. The State government on 16.2.1990 raised the age for superannuation of Teachers in the Government Engineering Colleges from 58 to 60 years. 'Demonstrators' in the State owned Engineering Colleges were not treated as teaching staff.