RADHE SHYAM PATHAK Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) On grievance of superannuating him before the attainment of the age of 58 years by the Respondent Nos. 2 and 3, the petitioner has come up with this writ application for a direction to quash the impugned order contained in Annexure-4.

(2.) This Annexure-4 has been parsed on the basis of a Government direction given by Annexure-1, to the effect that the employees under the Municipality or other Government Undertakings who have completed 40 years of services should be made to superannuate. According to the petitioner, he entered in the service at the age of 16 years and as such although he served for 40 years at Dhanbad Municipality, he is. yet to attain the age of superannuation and as such there being no Rule for retirement before the age of superannuation without any disciplinary proceedings, the Annexure4 is bad in the eye of law.

(3.) Rule 73 of the Bihar Service Rules provides the age of superannuation of the Government employees of the State as 58 years and this Rule has been adopted in the Municipal Acts and Rules by S.O. No. 956 in the year 1977 and as such according to the petitioner, when there is no provision for compulsory retirement before the age of superannuation of 58 years, Annexure-4 is totally illegal and inoperative.