BRAHMADEO PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY impugned Chatra District Order No. 1009/04, contained in Memo No. 893 dated 19th October, 2004, the 4th respondent -S.P. Chatra informed the petitioner that he will retire w.e.f. 1st November, 2004 having attained 58 years of age. The said order has been challenged by the petitioner on the ground that the age of superannuation has been enhanced from 58 to 60 years by the Government of Jharkhand 'sResolution No. 5826 dated 26th October, 2004.

(2.) EARLIER , it was brought to the notice of the Court that another similarly situated person, namely, Mr. Sherjahan Khan was also made to retire on attaining the age of 58 years w.e.f. 1st November, 2004, the date on which petitioner was made to retire. Later on, S.P. Chatra having noticed the Government of Jharkhand 'sResolution No. 5826 dated 26th October, 2004 recalled his superannuation order, reinstated him (Mr. Sherjahan Khan) and allowed him to continue in service but no such order has been passed in respect to petitioner and thereby he was discriminated.

(3.) ADMITTEDLY , after Re -organization of the State, the petitioner was functioning under the State of Jharkhand. By the end of October, 2004, while resolution No. 5826 dated 26th October, 2004 was issued by the Government of Jharkhand enhancing the age of superannuation of its employees from 58 to 60 years, petitioner being an employee of Government of Jharkhand as on 26th October, 2004, was entitled for such benefit.