M.Y.EQBAL, J. - (1.) IN this writ application petitioner has challenged the order as contained in letter dated 28.2.2005 by which he has been compelled to retire on attaining the age of 58 years.
(2.) PETITIONER was appointed as Constable in the year 1971 and his date of birth as recorded in the service book is 2.2.1947. According to the petitioner since the age of superannuation of government employee is 60 years, he shall superannuate in 2007. It is contended that respondents wrongly considered the age of superannuation of the petitioner as 58 years on the ground that the age of superannuation of the Govt. employee at the relevant time in the State of Bihar was 58 years. In the counter -affidavit filed by respondent No. 2, it is stated that while the petitioner was posted at Sahebganj as A.S.I. he was tentatively allocated to Bihar Cadre as per letter dated 20.7.2002. Petitioner, thereafter, superannuated on 28.2.2005 by district order No. 236/2005 dated 1.3.2005. On the date of superannuation of the petitioner no notification was issued by the Govt. of Bihar enhancing the age of superannuation from 58 years to 60 years. The Govt. of Bihar issued notification on 23.3.2005 i.e. after superannuation of the petitioner. It is contended that in the letter date 29.3.2005 issued by Govt. of India, Ministry of Personnel, P.G. and Pension, Department of Personnel and Training, New Delhi, it has been clarified that those personnel who are posted in the State of Jharkhand and have attained the age of 58 years between 26.10.2004 and 23.3.2005 have been allocated to the State of Bihar, will be treated as superannuated on the date of attaining the age of 58 years and they will get their pensionary/retrial benefits from the successor State of Bihar. It is further contended that the Home Department, State of Jharkhand also issued an instruction vide order dated 28.10.2005 on the point of superannuation of the petitioner with effect from 28.2.2005.
(3.) THE only question that falls for consideration in the instant writ application is as to whether the impugned letter of superannuation issued by the State of Jharkhand superannuating the petitioner on attaining the age of 58 years is illegal, arbitrary and discriminatory? Before deciding this question, I would first like to state few facts of the case.;