S.J. Mukhopadhaya, J. - (1.) By the Court. - -The writ petition has been preferred by petitioner to set aside the order dated 9th July, 2001 whereby and whereunder the Deputy Commissioner, Ranchi superannuated the petitioner w.e.f. 20th July 2000 on the ground that the petitioner has completed 40 (forty) years of service. The aforesaid order has been passed giving a reference of an order passed by this Court on 10th March, 1995 in the case Radhe Shyam Pathak v/s. Municipal Commissioner of Dhanbad Municipality, CWJC No. 553/94 (R).
(2.) The case of petitioner, Md. Jamiruddin Khan is that he was appointed on 20th July, 1960. After his appointment in the service book date of birth was recorded as 5th of July 1943 as per Matriculation Certificate. In usual course he should superannuate from service on 31st July, 2001 on attaining the age of 58 (fifty eight) years as per Rule 73 of the Bihar Service Code, 1952.
(3.) The counsel for the respondents placed reliance on the decision in this Court in the case of Radhe Shyam Pathak v/s. Municipal Commissioner of Dhanbad Municipality. CWJC NO. 553/94 (R) disposed of on 10th March, 1995 and submitted that the High Court having upheld the order by which one Radhe Shyam Pathak was retired from the service of the Municipality on completion of 40 (forty) years of service, the impugned order dated 9th July, 2001 was passed and cannot be held to be illegal.;