STATE OF BIHAR Vs. DR. SHARFE ALAM

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The private respondent, Dr. Sharfe Alam, filed C.W.J.C. No. 10431 of 2012 when the State of Bihar especially Department of Health chose to enhance the age of retirement of the members of the Bihar Health Service and Bihar Medical Education Service from 60 to 62 by amending Rule 73 of the Bihar Service Code in February, 2009. The immediate cause of action, however, arose when the State Government vide Memo No.9544 dated 01.09.2010 amended Rule 73 of the Bihar Service Code and even age of retirement of employees appointed under the Insurance Medical Service Cadre too was enhanced from 60 to 62. When the private respondent demanded enhancement of age of retirement, he was told that he cannot be a beneficiary of the Notification since it is limited to Unani and Ayurveda Medical Officers alone.

(3.) The learned single Judge went through the material and arguments of the parties and came to a considered opinion that the decision of the State Government not to extend the benefit of enhanced age of retirement to Homeopathic Medical Doctors was an irrational exercise since it violated Article 14 of the Constitution of India.