YOGENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Narendra Prasad, Senior Advocate for the petitioner and Sri Raghunandan Prasad Sinha, counsel for the Gaya Municipal Corporation (hereinafter referred to as the Corporation).

(2.) PETITIONER , who is an employee of the Corporation is aggrieved by the order bearing Memo No. 29 dated 22.4.2006, Annexure -D to the 4th supplementary counter affidavit filed on behalf of respondent nos. 4 and 5, whereunder his request to extend his date of superannuation until he reaches 60 years of age in terms of resolution of the Corporation dated 22.2.2006. Annexure -2 has been rejected with reference to the instructions of the State Government in the Urban Development Department bearing letter no. 232 dated 28.1.2002, Annexure -A to the 3rd counter affidavit filed on behalf of Respondent nos. 4 and 5 on the ground that he having completed 40 years of service is not entitled to the benefit of extended age under resolution of the Corporation dated 22.2.2006, Annexure -9.

(3.) THE State Government amended the Code with effect from 24.3.2005 and thereunder the age of superannuation was extended from 58 years to 60 years. Once that decision was taken by the State Government, the Corporation authorities also took corresponding decision by passing the resolution dated 22.2.2006. Annexure -9 whereunder the age of superannuation of the Corporation employees was also extended to 60 years with effect from 24.3.2005. .