LAWS(JHAR)-2003-5-32

REGIONAL INSTITUTE OF TECHNOLOGY Vs. LAKSHMI NATH SAHU

Decided On May 14, 2003
REGIONAL INSTITUTE OF TECHNOLOGY Appellant
V/S
Lakshmi Nath Sahu Respondents

JUDGEMENT

(1.) LAKSHMI Nath Sahu, respondent No. 1 was employed as Professor in the department of Electrical Engineering, Regional Institute of Technology, Jamshedpur (hereinafter to be referred to as 'the Institute '), wherefrom on completing 60 years ' of his age, he was to superannuate from service on 29.2.1996.

(2.) WHILE continuing on deputation in the Bihar State University Service Commission, his lien in the Institute was lastly extended upto 28.2.1996 and on the next date, i.e. on 29.2.1996 he superannuated from services of the Institute. The Principal of the Institute in his order dated 31.12.1999 (Annexure 6) treated him to have retired from the services of the Institute on 20.5.1994 and thereby refused to calculate his retirement benefits treating him to have retired on 29.2.1996. He challenged the aforesaid decision of the Principal in this Court, vide W.P. (S) No. 3351 of 2001, for a direction to the Principal to fix his retirement benefits treating him to have retired on 29.2.1996 and pay him the consequential benefits in the revised scale of pay. The writ petitioner joined as member of the said Commission on 21.5.1994. He attended the age of superannuation on completion of 60 years ' of age on 29.2.1996 in the Institute.