- (1.) PETITION at Flag 'L' (I.A. No. 2674 of 2005) has been filed for condoning the delay of 49 days in filling the instant appeal.
(2.) HAVING heard the counsel for the parties and being satisfied with the grounds shown therein, the delay of 49 days in filing this appeal is condoned and the petition for condonation of delay (LA. No. 2674 of 2005) is hereby allowed. L.P.A. No. 651 of 2005 The respondent/writ petitioner was retired from the services of the State -appellant w.e.f. 2nd August, 2004 on the ground that he had completed 40 years of service. The letter dated 18th September, 2004 by which such direction was given having challenged, was set aside by the learned Single Judge. Similar case fell for consideration before this Court in the case of Pranadhar Prasad v. State of Jharkhand, wherein a Bench of this Court held that a Government servant cannot be retired by pushing back his date of birth arbitrarily, on completion of 40 years service, and that the retirement of the ground of completion of 40 years of service in absence of any rule or guideline is illegal.
(3.) IN the case of Ranchi University v. State of Jharkhand, it was argued that a minor cannot be appointed in the Government service, there being a prohibition to appoint a person below 18 years of age. Having noticed the provisions of Indian Majority Act, 1875 and Child Labour (Prohibition and Regulation) Act, 1986, Division Bench held that for violation of one or other Act, the penal action can be taken, but it has no nexus with the age of retirement/date of retirement. The employee cannot be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment.;