SUKRA KUJUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the order dated 16th September, 2003 passed in W.P. (S) No. 4647 of 2003 whereby the learned single Judge, without asking the respondents to file affidavit, rejected his claim for salary for the period from 7th January, 1998 till the period he attained the age of superannuation. It was held that the question whether the appellant completed 60 years of age on 7th of January, 1998 or October. 1998 cannot be decided in a case under writ jurisdiction.

(2.) WE allowed the respondent -State to file counter affidavit, stating as to how the appellant was made to retire with effect from 6th January, 1998, if his date of birth recorded in his service book is 10th October, 1938 and if he was entitled to continue till the age of 60 years i.e. the age fixed for superannuation.

(3.) THE learned Counsel for the respondent State submitted that the appellant having not worked after 6th January, 1998 cannot claim salary for the period after 6th of January, 1998. It is stated that the pension of the appellant has now been fixed by the Accountant General in the revised pay scale, treating the date of retirement as 31st October, 1998 and, therefore, no monetary loss has been caused to the appellant, so far as fixation of pension is concerned.