SRI RAM DAS MANDAL, SON OF LATE CHHATU MANDAL, RESIDENT OF VILLAGE Vs. THE TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR THROUGH THE VICE CHANCELLOR

JUDGEMENT

(1.) Although this Petition is pending before this Court for last four years, the respondent-Tilka Manjhi Bhagalpur University (hereinafter referred to as 'the University') has not thought it fit to file counter affidavit or to contest the writ petition.

(2.) The petitioner, a retired employee of the University has approached this Court under Art. 226 of the Constitution to challenge the action of the University in retiring the petitioner from service with effect from 31st Dec. 1999 under office order no.35/2002 dated 11th July 2002 and to challenge the communication dated 7th Jan. 2010 sent by the Principal, T. N. B. College, Bhagalpur to the Registrar of the University.

(3.) It is not in dispute that the petitioner entered the service of the University as Laboratory Bearer on 10th Jan. 1955. He continued to serve till 2002. It appears that petitioner's date of birth had not been entered in the official record. Presuming that the petitioner had entered the service on attaining the age of 18 years and the age of superannuation being 62 years, the petitioner could not have served for more than 44 years. However, for the reasons unknown to the Court, the petitioner continued to serve up to 2002 i.e. for around 47 years. In my opinion, the action of the University in retiring the petitioner effective from 31st Dec. 1999 on completion of 44 years' service is not questionable.