Patna High CourtCWJC/927/2010disposed

Bindeshwary Prasad Singh v. The State Of Bihar And ORS

2018-08-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.927 of 2010 =========================================================== Bindeshwary Prasad Singh S/O Late Chandrika Singh R/O Moh Jankpur, P.S. Buniyadganj,Distt-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary, Higher Education Deptt., Govt. of Bihar,Patna

3. The Vice - Chancellor, Magadh University, Bodh- Gaya

4. The Registrar, Magadh University Bodh- Gaya

5. The Finance Officer, Magadh University, Bodh- Gaya

6. The Principal, Jag Jivan College, Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Virendra Prasad, Advocate For the Respondent/s : Mr. (GP6) Mr. Yugal Kishore =========================================================== 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

Patna High Court CWJC No.927 of 2010 dt.29-08-2018 2/2 in (2013) 8 SCC 633.

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 01.09.2018 Transmission Date