SURESH PRASAD SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who was working provisionally under the State of Jharkhand, attained 58 years of age on 31st January, 2005. In the meantime, the State of Jharkhand enhanced the age of superannuation from 58 to 60 years by their Resolution dated 26th October, 2004.The services of the petitioner were finally allocated under State of Bihar vide order no. 1 (Jha)/2005; he challenged the same. It was alleged that if the impugned order is upheld, then petitioner will be treated to have retired from the service under the State of Bihar on attaining the age of 58, years.

(2.) SIMILAR issue fell for consideration before a Division Bench of this Court in the case of 'Madheshwar Dhari Singh and Anr. vs. Union of India and Ors. [W.P.(S) No. 4716 of 2005]. In the said case, the Court by its judgment dated 23rd March, 2006 held Clause -(a) of Paragraph -2 of the Guidelines dated 29th March, 2005 issued by the Central Government as ultra vires and directed the respondents not to give effect to the aforesaid Clause (a) or Pragraph -2 thereof and the petitioners of the said case were allowed to continue in the State of Bihar up to the age of 60 years.

(3.) THE State of Bihar is directed to accept the joining and pay the petitioner the full salary of the intervening period during which he was forced to remain out of service.