KARUNA OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior counsel for the petitioner as well as learned counsel for the respondents.

(2.) Mr. Singh, learned Senior counsel appearing for the petitioner has submitted that Memo no. 1909 dtd. 20/11/2017 whereby the enhanced age of 67 for retirement of doctors in the service of the University of Bihar has been made applicable, should be extended to the petitioner. He submits that even though the petitioner has retired on 30/9/2017 she is entitled to benefits of the subsequent decision dtd. 20/11/2017 and is legally entitled to continue in service till attaining the age of 67 years in terms of the decision dtd. 20/11/2017. It is submitted by learned Senior counsel for the petitioner that there has to be parity in the age of superannuation of the University doctors with that of the doctors serving the State Government. It is his submission that since the petitioner had already agitated the matter for grant of benefit of enhanced age of retirement of 67 years, before this Court by filing C.W.J.C.No. 2651 of 2017, she was entitled to benefits of the enhanced age of retirement. It is submitted that the petitioner who is serving as a doctor in the service of the University cannot be discriminated in the matter of age of retirement with that of the doctors posted in the State Government service. It is his submission that when the age of retirement was enhanced from 65 to 67 years in respect of doctors serving the State Government by notification dtd. 30/7/2015 (annexure 4), the same stood automatically applicable to the petitioner who was serving as a doctor in the service of the University.

(3.) In support of submission learned Senior counsel for the petitioner has placed reliance on a judgment of this Court in case of Smt. Clara Ainda Vs State of Bihar and others, reported in 2005(4) PLJR 691. Relying upon paragraph 21 learned Senior counsel has submitted that the enhanced age of superannuation in terms of the decision dtd. 30/7/2015 in respect of the State Government employees was to be automatically applied to the petitioner.