RABISHWAR BASAK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Leave to amend the serial numbers of the respondents is allowed.Let the necessary amendment be incorporated in red ink.

(2.) The present writ petition has been preferred by the petitioner mainly on the ground that the petitioner has been compelled to retire at the age of 58 years from the services of the respondents whereas the correct date of retirement is 31st March, 2012 because the age of retirement is 60 years.

(3.) Counsel for the petitioner submitted that petitioner is an Accounts Clerk. His date of birth is 15th March, 1952. The parent department of the petitioner is Bihar State Food & Civil Supplies Corporation Limited, Patna. Petitioner is on deputation with the respondent Nos.1 to 4. It is submitted by the counsel for the petitioner that the at the parent department initially the age of retirement was 58 years, but the same has been enhanced upto 60 years w.e.f. 29th July, 2006 (annexure7). Moreover, in the State of Jharkhand, the age of retirement for similarly situated candidates/employees is 60 years, but the petitioner has been compelled to retire w.e.f. 31st March, 2010 at the age of 58 years. In fact, at the parent department of the petitioner, age of retirement is 60 years and, therefore, the petitioner ought to have been continued in the services upto 60 years and his correct date of retirement is 31st March, 2012 and, therefore, let the petition be allowed and the salary for the intervening period of the petitioner be paid to him and let the petitioner be allowed to resume his duties. It is further submitted by counsel for the petitioner that by mandatory interim order dated 14th September, 2011, petitioner is already permitted to resume his duties and he is in the service, therefore, let the petition be allowed and the necessary monetary benefits and such other benefits by way of continuation of services from 31st March, 2010 may be extended to the petitioner within the stipulated time granted by this Court.