GANESH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in the instant writ petition has challenged the order, contained in letter No. 64, dated 31st December, 2002 issued by the 3rd respondent, Headmaster, High School, Peterwar, District -Bokaro. whereby and whereunder, giving reference to letter No. 408, dated 18th December, 2002, issued by the District Education Officer, Bokaro, he has informed the petitioner that he, having completed 40 years of service, has retired from his service. The petitioner has also assailed the said letter No. 408, dated 18th December, 2002, issued by the District Education Officer, Bokaro, whereby, it was informed that there being no provision to allow a person to continue beyond 40 of service, the petitioner would retire and the excess amount, received by him by continuing in service beyond the said period, be recovered from his gratuity.

(2.) IN a similar case of Pranadhar Prasad v. State of Jharkhand and Ors. , a Bench of this Court held that a Government servant cannot be retired by pushing back his date of birth arbitrarily, on completion of 40 years of service, and that the retirement on the ground of completion of 40 years of service in absence of any rule or guideline is illegal. The aforesaid judgment, having been noticed by the learned Single Judge, he has referred the instant writ petition for hearing by a Division Bench, doubting the correctness of the decision aforesaid on the ground that if the ratio, laid down in the said judgment, in accepted, then even a minor of tender age can also enter in the Government service.

(3.) NORMALLY the age of superannuation of an employee is fixed by provision of statutory Law or by framing Rules, Regulations or guidelines. Either age can be the basis of superannuation or the years of service, rendered by a person and/or the age of superannuation or the years of service, whichever is earlier, as may be prescribed by the employer.