RAJENDRA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the order dated 18th September, 2012 made by the learned single Judge in CWJC No. 16708 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at issue is whether or not the appellant belongs to the Bihar Medical Education Service. If he were a member of the Bihar Medical Education Service, the age of superannuation is now enhanced to 65 years and he, should get the benefit of the enhanced age of superannuation.

(2.) The appellant was appointed as Tutor in Paediatrics in 1976 and continued to be Tutor till he reached the age of 62 years and he was made to retire on attaining the age of 62 years.

(3.) The Bihar Medical Education Service was constituted under the Bihar Medical Education Service Cadre and its Cadre Posts Recruitment Rules, 1997 (hereinafter referred to as 'the Rules of 1997'). Rule 5 of the Rules of 1997 classified certain services as Bihar Medical Education Service. The posts mentioned in the said Rule 5 does not refer to the post of 'Tutor'.