UMESH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS L.P.A. arises out of the ORDER :dated 13.11.98 whereby learned writ passed in C.W.J.C. No. 9270 of 1998 Court repelled the submission of the petitioner that until by statutory rule the age of superannuation is not enhanced from 58 to 60 years, petitioner shall not get any advantage of it. Assailing the impugned ORDER :passed by the writ Court it is contended that if the policy decision is taken by the Fitment Committee on behalf of the State Government that is binding upon the Government.

(2.) WE are afraid how a policy decision will be acted upon contrary to the rule. it is a settled law that executive instructions or policy decision cannot be acted upon against the statutory rule or law.

(3.) THIS being so, this appeal has no merit. Accordingly, it is dismissed.