- (1.) HEARD the parties.
(2.) THE whole grievance of the petitioner in this writ petition is that by issue of Memo No. 412 dated 26.2.2004 [Annexure -2], he was made to superannuate on and from' 28.3.2005 on completion of 40 years of service in Ranchi Municipal Corporation pursuant to. Rule 73B of the Bihar (Now Jharkhand) Service Code. It is stated by the petitioner that Annexure -2 was issued at the - time when the age of superannuation of a Government servant was 58 years but subsequently, by issue of Resolution No. 5826 dated 26.10.2004 [Ahnexure -3], the Government of Jharkhand has enhanced the age of superannuation of the State Government servant by two years, enhancing the age of retirement to be 60 years. ccording to the petitioner, when Annexure3 was issued, the petitioner was very much in service and therefore, as per said Resolution No. 5826 dated 26.10.2004 [Annexure -3], he ought to have retired from the service on completion of age of 60 years but he was wrongly made to" retire on completion of age if 58 years only.
(3.) FROM perusal of Annexure -2, i.e. the Order issued by the Ranchi Municipal Corporation as well as Resolution No. 5826 dated 26.10.2004 [Annexure -3] issued by the Government of Jharkhand enhancing the age of retirement, I find force in the submission of the learned counsel for the petitioner. During the service period of the petitioner the age of retirement was enhanced by issue of Resolution No. 5826 dated 26.10.2004 [Annexure -3] and. therefore, the Municipal Corporation ought to have issued a fresh order after withdrawing or recalling the order dated 26.2.2004 (Annexure -2) for retirement of the petitioner from service from Municipal Corporation on completion of age of 60 years.;