SALIGRAM CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application petitioner has challenged the order as contained in letter dated 28.2.2005 by which he has been compelled to retire on attaining the age of 58 years.

(2.) PETITIONER was appointed as Constable in the year 1971 and his date of birth as recorded in the service book is 2.2.1947. According to the petitioner since the age of superannuation of government employee is 60 years, he shall superannuate in 2007. It is contended that respondents wrongly considered the age of superannuation of the petitioner as 58 years on the ground that the age of superannuation of the Govt. employee at the relevant time in the State of Bihar was 58 years.

(3.) THE only question that falls for consideration in the instant writ application is as to whether the impugned letter of superannuation issued by the State of Jharkhand superannuating the petitioner on attaining the age of 58 years is illegal, arbitrary and discriminatory? Before deciding this question, I would first like to state few facts of the case.