STATE OF JHARKHAND Vs. MUZAFFAR HUSSAIN

JUDGEMENT

(1.) PETITION at Flag 'L' (I.A. No. 2674 of 2005) has been filed for condoning the delay of 49 days in filling the instant appeal.

(2.) HAVING heard the counsel for the parties and being satisfied with the grounds shown therein, the delay of 49 days in filing this appeal is condoned and the petition for condonation of delay (LA. No. 2674 of 2005) is hereby allowed.

(3.) IN the case of Ranchi University v. State of Jharkhand, it was argued that a minor cannot be appointed in the Government service, there being a prohibition to appoint a person below 18 years of age. Having noticed the provisions of Indian Majority Act, 1875 and Child Labour (Prohibition and Regulation) Act, 1986, Division Bench held that for violation of one or other Act, the penal action can be taken, but it has no nexus with the age of retirement/date of retirement. The employee cannot be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment.