Dr.Chandeshwar Prasad v. The Bihar Agricultural Univers

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2126 of 2012 =========================================================== Dr. Chandeshwar Prasad, Son of Late Mathura Prasad, Resident of Belisarai Near G.P.O. Motihari, District East Champaran at Present Resident of Nitibagh, Opposite Abhishek Kirana Store, P.O.-B.V.C., District Patna-800014 .... .... Petitioner/s

Versus

1. The Bihar Agricultural University, Sabour, Bhagalpur through its Registrar

2. The Vice-Chancellor, Bihar Agriculture University, Sabour, Bhagalpur

3. The Director Administration, Bihar Agriculture University, Sabour, Bhagalpur

4. The Comptroller, Bihar Agriculture University, Sabour, Bhagalpur

5. The Dean, Sanjay Gandhi Institute of Diary Technology, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 29-08-2018 Heard learned counsel for the petitioner and the respondents.

The present writ application has been filed for a direction to the respondent to treat the age of superannuation of the petitioner as 65 years.

Learned counsel for the petitioner submits that the petitioner, as a teacher, is entitled to continue up to the age of 65 years.

The issue raised in the present writ application stands concluded by the judgment of the Apex Court in the case of Jagdish Prasad Sharma and others Vs. State of Bihar and others, reported in (2013) 8 SCC 633.

Patna High Court CWJC No.2126 of 2012 dt.29-08-2018 2/2 In view of the judgment of the Apex Court in the case of Jagdish Prasad Sharma and others (Supra), the respondents are required to extend the benefit of age of retirement up to 65 years and work out the entitlement of the petitioner. Entire exercise in this regard must be taken by the respondent University within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date