ABHIMANYU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:--

(2.) Mr. Ashutosh Jha, learned counsel appearing on behalf of the petitioner has submitted that the date of birth of the petitioner was 12.1.1949 and as such as per the Government decision dated 24.3.2005, he ought to have been superannuated only upon completion of 60 years on or after 12.1.2009 but the authorities have made the petitioner to superannuate w.e.f. 31.1.2007. Mr. Jha is therefore of the view that the aforementioned Government order dated 24.3.2005 could not have been overlooked in the case of the petitioner.

(3.) In this case a counter affidavit has been filed, wherein, it has been stated that the petitioner is a teacher of a taken over School which was earlier a private School. The petitioner had entered into service on 29.9.1965 while he was aged about 16 years and 8 months only and therefore, in view of the judgment of the Division Bench dated 27.4.1994 in C.W.J.C. No. 7737 of 991 (Vivekanand Singh Suman and Others v. State and Ors.) confined only to the teachers of the taken over School, the age of superannuation of a teacher who had entered prior to 18 years of age had to be fixed after taking into account the period he had served while he was minor. To that extent, the respondents rely on an order of this Court dated 12.11.2013 passed in C.W.J.C. No. 6305 of 2012 (Sheo Nath Mahto v. The State of Bihar & Ors.) vide Annexure-A to the counter affidavit.