STATE OF BIHAR Vs. BRAJ NANDAN ROY

JUDGEMENT

(1.) STATE of Bihar and its Officers aggrieved by the order dated 8.2.2006 passed by the learned Single Judge in CWJC No. 14585 of 2004 have preferred this appeal under Clause 10 of the Letters Patent.

(2.) SHORT facts giving rise to the present appeal are that the writ petitioner -respondent was working as Foreman Instructor in Muzaffarpur Institute of Technology which is an Institute of the Government of Bihar. It is not in dispute that the age of retirement of the Government Employee is 58. years and that of the teachers of the University and other colleges is 60 years. He superannuated from service on attaining the age of 58 years on 31.1.2001. He assailed the aforesaid decision inter alia contending that as he is receiving salary as teacher according to the recommendation of the University Grant Commission; he shall retire on attaining the age of 60 years fixed for retirement of the teachers in colleges and University, notwithstanding the fact that he is a Government servant. This plea found favour with the learned Single Judge and it observed as follows: - "Having had accorded the status of a teacher by permitting the petitioner to draw salaries under the University Grants Commission scale, it was improper on the part of the Institute and the State to contend that the petitioner is liable to retire on attaining the age of fifty eight years." It was not disputed before the learned Single Judge that the petitioner being in service in the Muzaffarpur Institute of Technology, is a Government employee and as such, all laws and rules made by the Government of Bihar for its employee shall equally apply in his case. It is worth mentioning the observation of the learned Single Judge in this regard: - "Muzaffarpur Institute of Technology is a wholly owned Institute of the Government of Bihar. Any and every employee of the said Institute is, thus, a Government employee. As such, all laws and rules made by the Government of Bihar for its employees are equally applicable to each and every employee of the said Institute. The said Institute had and has teaching as well as non -teaching staff. The service conditions of each such staff is governed by the rules made by the Government of Bihar. The rules made by the Government of Bihar under Bihar Service Code provided at the relevant time that the employees of the Government will superannuate on attaining the age of fifty eight years. In such view of the matter, each and every employee of the said Institute was liable to retire on attaining the age of fifty eight years."

(3.) LEARNED Standing Counsel No. 10 appearing on behalf of the appellants submits that the learned Single Judge on its own finding that the writ petitioner is a Government employee ought not to have directed that the petitioner shall be deemed to have continued in service till attaining the age of 60 years with all the consequential benefits. He submits that the teachers of Government Colleges and other Colleges constitute different class and in that view of the matter, the application of the principle of discrimination is absolutely misconceived.