S.J.MUKHOPADHAYA, J. - (1.) THE petitioners who were/are posted in Rajendra Medical College and Hospital (R.M.C.H.), the said Medical College was made Autonomous Institute and converted as Rajendra Institute of Medical Sciences (R.I.M.S.) pursuant to Rajendra institute of Medical Science Act, 2002 (Act 10 of 2002) w.e.f. 15th August, 2002. Thereafter, two of the petitioners, namely. Dr. Bimal Kumar Agarwal of W.P. (S) No. 5545 of 2002 and Dr. Raja Ram Singh of W.P. (S) No. 5546 of. 2002 were informed that they will superannuate on completion of 58 years of age w.e.f. 30th September, 2002, vide letter No. 429 and 428 respectively, both dated 28th September, 2002.
(2.) THE age of superannuation of officers and employees of R.I.M.S. prescribed as 60 (sixty) years under Rule 14 of the Rajendra Institute of Medical Science Rules, 2002 (Rules 2002). The petitioners being posted in R.I.M.S., Ranchi, said two petitioners have challenged their respective letters of superannuation No. 429 and 428, both dated 28th September, 2002. The other petitioner, namely, Dr. Aftabuddin Ahmad of W.P. (S) No. 6408 of 2002 has prayed to allow him to continue in the services upto 60 (sixty) years of age. The question for determination is whether the State Government officers/ employees, who were posted in R.M.C.H., Ranchi ceased to be officers/employees of R.I.M.S., Ranchi on and from the date of conversion of the Institute i.e, w.e.f. 15th August, 2002 or not.
(3.) FOR determination of the issue it is desirable to notice certain relevant provisions, such as Rule 14 (V) of Act, 2002 and Rule 19 of the Rules 2002, English translation of which is given hereunder : - - Rajendra Institute of Medical Sciences Act, 2002. - Act 14 (V) of 2002. - -"The Institute shall utilize the services of officers and employees of the Rajendra Medical College and Hospital including the Nursing College and Nursing School as their strength existed prior to the conversion of the Rajendra Medical College and hospital into the Rajendra Institute of Medical Sciences. These employees of the Institute shall be civil servants of the Government of Jharkhand unless they exercise this option to be absorbed in the Institute within such time period as provided in the rules." Rajendra Institute of Medical Science Rules, 2002 : - - Rule 19 of the Rules. - -The Government servants posted in the Institute at the time of the enforcement of the Act, shall be given one years time from the . enforcement of the Act to exercise their option to be absorbed in the Institute. Those who do not exercise the option to be absorbed within the prescribed time limit shall be reverted to the Department of Health and Medical Education Government of Jharkhand for being posted by the State Government elsewhere in the State.";