MOHD MUSA KAZMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The controversy in this writ-petition relates to the age of superannuation of the petitioner as Finance Officer of the Bihar Intermediate Council (called 'the Intermediate Council', in short). The background in which the controversy has arisen may briefly be stated as follows.

(2.) The petitioner was initially appointed in the Bhagalpur University as Junior Auditor on 24th March, 1965. He joined the L.N. Mithila University as Budget & Accounts Officer on 1st May, 1973. He was appointed as Finance Officer in the Intermediate Council for a period of six months in anticipation of concurrence of the Bihar Public Service Commission upto 7th March, 1981. Regular appointment to the said post was made on receipt of the recommendation of the commission on 14th April, 1993. He continued to function on the post until the Intermediate Council decided to superannuate him on attaining the age of 60 years, w.e.f. 31st January, 1997. There is no dispute about the date of birth in this case. The only dispute is as to what is the age of superannuation. According to the petitioner, the age of superannuation of the officers and staff of the Intermediate Council is 62 years, as in the case of the officers and staff of the Universities governed by the Bihar State Universities Act, 1976 (called 'the Universities Act', in short), and therefore, he is entitled to continue upto January, 1999; according to the respondents, the age of superannuation is 60 years and the petitioner has rightly rightly been retired on 31st January, 1997.

(3.) Mr. Tara Kant Jha, learned Counsel for the petitioner has contended that the reason of the provisions of Section 27 of the Intermediate Council Act, the same service conditions as applicable to employees of the Universities, are applicable to the employees of the Intermediate Council. And since Section 67 of the Universities Act provides for the superannuation age of 62 years for the University's employees, the petitioner cannot be retired at the age of 60 years. According to Mr. Shashi Anugrah Narain, learned Counsel for the Intermediate Council, the superannuation age of 62 years is meant for such employee (of the University) who was appointed prior to the commencement of the Universities Act and "is in the service of the University". Since the petitioner had left the University, i.e. L.N. Mithila University in 1981/1983 itself and was no longer in the service of the University, he cannot claim the superannuation age of 62 years.