Babunand Kamait v. Kameshwar Singh Darbhanga Sanskrit University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8785 of 2017 ====================================================== Babunand Kamait Son of Late Anup Kamait, Resident of Village-Gonaha Tola, P.S.-Triveniganj, District-Supaul.

... ... Petitioner/s

Versus

1.

Kameshwar Singh Darbhanga Sanskrit University 2.

The Vice Chancellor Kameshwar Singh Darbhanga Sanskrit University, Kameshwr Nagar, Darbhanga Distri 3.

The Registrar, Kameshwar Singh, Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

4.

Governing Body, Rudra Sanskrit Mahavidyalaya, Hulas District-Supaul through its Secretary.

5.

The Principal, Rudra Sanskrit Mahavidyalaya, Hulas District-Supaul 6.

The State of Bihar, through the Principal Secretary, Department of Education, Government of BIhar, 7.

Director, Higher Education, Department of Education Government of Bihar, New Secretary, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha For the Respondent/s :

Mr.Prabhakar Jha-Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2024 Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the petitioner retired from the post of peon from Kameshwar Singh, Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, in the year 2013, at the age of 60 years.

3. During the course of argument, learned counsel for the petitioner placed the notification of Respondent-State dated 18.08.2023 (Annexure-A), and submits that now the age of

Patna High Court CWJC No.8785 of 2017(3) dt.25-06-2024 2/2 retirement has been increased from 60 years to 62 years with effect from 31.03.2006 with all benefits.

4. Since the petitioner has retired in the year 2016, at age of 60 years, as such he is entitled to be given all the benefits treating his date of retirement at 62 years.

5. Learned counsel placed reliance on a decision of this Court, rendered in C.W.J.C. No. 9767 of 2019 and submits that similar relief was granted to the petitioners of that writ application.

6. Learned counsel for the University does not dispute the factum of enhancement of the age of retirement up to 62 years with effect from 31.03.2006.

7. In view of the aforesaid submissions advanced on behalf of the parties, this writ application is allowed and the University is directed to pay all consequential monetary benefits to the petitioner treating his date of retirement upon attaining 62 years.

(Anil Kumar Sinha, J) perwez U