SHAMSHER BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri S.D. Sanjay, learned Senior Counsel for the appellant and Shri Rohitabh Das, Assistant Counsel to Additional Advocate General No. 10 for the State of Bihar.

(2.) The appeal which has given rise to this controversy has arisen out of the order passed by the Department of Labour, Government of Bihar dtd. 24/8/2016, whereby the State Government has refused to accept the contention of the appellant for extending him the benefit of enhancement of the age of superannuation from 60 to 65 years on the ground that the appellant has already been absorbed in a different cadre of the Labour Department, whereas his initial Parent Department was of the Health Services and consequently no such benefit can be extended.

(3.) There is no dispute about the fact of the appellant having been initially appointed in the Health Services of the Government of Bihar and later on being transferred to the Labour Department where he occupied different posts and ultimately upon being appointed as the Inspector of Factories (Medical) he came to be absorbed against the said post. The impugned order further records that on account of his absorption, he looses his lien in the parent Health Services Department. The appellant, therefore, cannot claim any such benefits extended to the officers of the Health Department, particularly the age of superannuation which has now been increased to 67 years. The impugned order further records that the matter was consulted with the Finance Department but the Finance Department observed that the matter should be deliberated with the General Administration Department, whereafter the same view has been reiterated that since the appellant has been permanently absorbed in the Labour Department, therefore, he cannot be either repatriated or considered to be a member of the previous cadre of the Health Department. The order further recites that the age enhancement applies only to those Medical Officers who are of the Health Services Cadre and if the Appellant who even though possesses the qualification of a Medical Officer, since he is now in a non- medical cadre, he cannot claim benefits even if he possesses the same qualification. Consequently, the Labour Department has denied the benefit of extension of age as claimed by the appellant.