MAGADH UNIVERSITY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The University-appellant has challenged the order dated 25.6.2003 passed by the learned Single judge in CWJC No. 2047 of 2003, by which he has quashed the order dated 5.2.2003, whereby the writ petitioner-respondent was informed that he would retire from service on reaching the age of 60 years, the age of superannuation, on 28.2.2003 and further directed that he would continue in service till the age of 62 years.

(2.) The factual matrix for disposal of the present appeal are that the writ petitioner-respondent was appointed as Cashier in T.P.S. College under the Magadh University (for short 'the University') on 27.10.1976, in pursuance of which he joined on 1.11.1976. His date of birth entered into the Service Book is 5.2.1943. While he was in service, by order dated 5.2.2003 (Annexure 2 to the writ petition), the concerned authority of the appellant. University informed that his date of retirement was 60 years and as such he would superannuate on 28.2.2003 on attaining the age of 60 years.

(3.) The case of the writ petitioner-respondent is that the Bihar State Universities Act (Bihar Act 23 of 1976) (for short 'the Act') came into force on 16.5.1977 and according to the first proviso to Section 67 of the said Act, a non-teaching employee, who is in service of the University from a date prior to the commencement of the Act, would retire on completing the age of 62 years and as the writ petitioner-respondent was appointed on 27.10.1976 prior to coming into force of the Act, he would retire on completion of age of 62 years and the appellant- University has wrongly retired him on completion of 60 years of age by taking recourse to the main provision contained in Section 67 of the Act.