MD. MANSOOR ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing of the order as contained in Memo No.942 dtd. 4/9/2010 issued by the respondent No.4; whereby the petitioner has retired with effect from 31/1/2010 on attaining the age of 62 years and was directed to hand over the charge to the senior most teacher of the Madarsa and provide the charge report to the said authority. The petitioner has further prayed for a direction upon the respondent authorities to allow him to continue in service with all consequential benefits till the age of 65 years in view of the fact that the petitioner is a teacher of Persian subject and as per clause-21 of the notification dtd. 19/12/1977 published in Bihar Gazette dtd. 12/4/1978 the retirement age of a Persian teacher is 65 years.

(3.) The brief facts of the case is that the petitioner has passed Fazil in Persian examination held in the year 1968 and he was appointed as Persian teacher in the year 1979 in Madarsa Hussainia Tajweedul Quran, Mahgama, Godda and since then he was teaching Persian in the said Madarsa. At the time of issuance of the impugned order he was Head Moulvi in which post he was duly promoted which was also approved by the Jharkhand Academic Council, Ranchi. All of a sudden, the impugned order has been issued whereby the petitioner was directed to retire from service with effect from 31/1/2010 after handing over the charge to the senior most teacher of the said Madarsa.