PER M.Y.EQBAL, J. - (1.) IN this writ petition, petitioner has prayed for quashing the order as contained in letter dated 18.9.2004 issued by Director, Directorate of Land Records and Measurement directing the Settlement Officer, Ranchi to treat the date of appointment of the petitioner as 3.8.1964 and as such to make him superannuate on completion of 40 years of service w.e.f. 2.8.2004 and to pay him retiral benefits.
(2.) PETITIONER 's case is that he was appointed and joined the post of Mohariar on 3.6.1964 at Muzaffarpur. In 1971 he was transferred to Gaya but due to illness he could not join at Gaya and as such he was put under suspension and thereafter he was discharged from his service. After about six years the petitioner was again appointed on the post of Mohariar at Muzaffarpur. It is stated by the petitioner that he continuously worked to the satisfaction of all concerned. In 1996 a gradation list was published wherein the petitioner 's name was mentioned at Serial No.376 showing his date of birth as 10.6.1952 and date of appointment as 27.10.1977. Petitioner was thereafter transferred to Palamau in the year 1999 and then from Palamau to Ranchi vide Notification dated 31.12.2003 and he was placed at the Headquarters at Ranchi. While working at Ranchi impugned letter was issued by Director by his letter dated 18.9.2004 directing the Settlement Officer, Ranchi to superannuate the petitioner on completion of 40 years of service.
(3.) MRS . Ritu Kumar, learned Counsel appearing for the petitioner, assailed the impugned order as being illegal and wholly without jurisdiction. Learned Counsel drawn my attention to Rules 54 and 73 of the Bihar Service Code and submitted that Rule 54 only fixes upper age limit for appointment for the pensionable Government service and not for any other purpose and Rule 73 of the Code fixes only the age of retirement. Learned Counsel drawn my attention to the Gradation List and also the copy of the Service Book annexed with the counter -affidavit and submitted that writ petitioner was given fresh appointment in 1977 and as such by no stretch of imagination he has worked for 40 years. Learned Counsel submitted that after completing 10 years of service from 1977 petitioner was given first time bound promotion.;