BIRENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the letter No. 753, dated 13th March, 2004 issued by Under Secretary, Water Resources Department, Government of Jharkhand and the Letter No. 63, dated 18th March, 2004 issued by the Superintending Engineer, Advance Planning Investigation and Hydrology Division No. 1, Deoghar. By the aforesaid letters it was ordered to retire the petitioner with effect from 18th March, 2004 on the ground that he having completed 40 years of service.

(2.) ACCORDING to the petitioner, he was appointed in the service of the State on 5th July, 1962 as Gauge Reader in the work charge establishment. The petitioner proceeded on medical leave as he was suffering from tuberculosis and his service was terminated vide letter No. 641, dated 8th November, 1972. Subsequently, he having produced medical certificate and vide letter No. 606, dated 10th April. 1974 of the office of the Executive Engineer, he was allowed to join duty but again his service was terminated with effect from, 1st November, 1974 vide letter No. 620, dated 28th October, 1974. The petitioner thereafter submitted certificate of Medical Board and was allowed to re -join on 12th June, 1975. Thereafter, his service was taken iri the regular establishment vide Memo No. 1446, dated 8th November, 1982 wherein he continued till the issuance of impugned letter No. 753, dated 13th March, 2004.

(3.) THE stand taken by the respondents is that the minimum age for appointment in Government service is 18 years and the date of superannuation is after attaining the age of 58 years, whereas the age of retirement is 58 years. Therefore, a Government employee can continue in service only for a period of 40 years,