GAYA MUNICIPAL Vs. JOGENDRA KUMAR

JUDGEMENT

(1.) THE present Letters Patent Appeal, under clause 10 of the Letters Patent of the High Court of Judicature at Patna, is directed against the judgment and order dated 17.8.2006, passed in C.W.J. C. No. 4871 of 2005, whereby the writ application was allowed quashing the order contained in memo no. 29 dated 22.4.2006 (Annexure -D to the 4th supplementary counter affidavit filed on behalf of the respondent -Gaya Municipal Corporation), by which the representation of the petitioner to allow him to remain in service till he attains the age of 60 years, irrespective of the number of years served by him in the Corporation, was rejected. The learned Single Judge while quashing the above held to the effect that the writ petitioner is entitled to continue in service till he attains the age of 60 years and further directed for payment of the admissible emoluments for the extended period of service due to the enhancement of the age of superannuation from 58 years to 60 years.

(2.) THE respondent no. 4, Gaya Municipal Corporation, on being aggrieved by the aforesaid judgment and order, has preferred this Letters Patent Appeal.

(3.) THE respondent -Gaya Municipal Corporation arrived at the decision, as contained in the impugned Memo No. 29 dated 22.4.2006 (Annexure -D) that the total length of service of the writ petitioner cannot be more than 40 years irrespective of the enhancement of the age of superannuation from 58 years to 60 years in light of the communication of the State Government in the department of the Urban Development vide letter dated 28.1.2002 (Annexure -A to the 3rd Supplementary Counter Affidavit) addressed to the Purnea Municipality endorsing the copy of the same to other Municipal Corporation/Municipality advising to terminate the employees of the Municipality on completion of 40 years of service while interpreting Rule 73 of the Bihar Service Code, the relevant provisions of which are adopted by all the Municipal Corporations including the respondent -Corporation vide State Government 'snotification dated 1.7.1988 (Annexure -1).