Karuna Ojha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2651 of 2017 =========================================================== Karuna Ojha, W/o Baleshwar Ojha, resident of Vill- Khabra, P.S.- Sadar, DistMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Higher Education.

2. Secretary, Education Department, Govt. of Bihar, Patna.

3. Director, Higher Education, Govt. of Bihar, Patna.

4. Secretary, Department of Finance, Govt. of Bihar, Patna.

5. Vice Chancellor, B.R.A. Bihar University, Muzaffarpur.

6. Registrar, B.R.A. Bihar University, Muzaffarpur.

7. Finance Officer, B.R.A. Bihar University, Muzaffarpur.

8. Principal Secretary, Department of Labour, Government of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate For the State :

Mr. Priyadarshi Matri Sharan, AC to AAG 15 For the B.R.A. Bihar Univ. :

Mr. Santosh Kumar Jha, Advocate ============================================================= CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-07-2017 Heard learned counsel for the petitioner, State and B.R.A. Bihar University, Muzaffarpur (hereinafter referred to as the 'University').

2. Learned counsel for the petitioner is permitted to implead the Principal Secretary, Department of Labour, Government

Patna High Court CWJC No.2651 of 2017 dt.14-07-2017 2/3 of Bihar as respondent no. 8. Let necessary correction be made during the course of the day.

3. The petitioner has moved the Court for seeking a direction to the respondents to enhance the age of retirement from 65 to 67 years.

4. Learned counsel for the petitioner submitted that he is a doctor in the University and earlier also when the State Government had enhanced the age of its employees, the University staff had gone on strike then thereafter due to intervention of the Court, the strike was called off and the Government had agreed to make the service conditions of the employees of the University equivalent to those of the State Government. Learned counsel submitted that pursuant thereto the matter reached the Hon'ble Supreme Court which directed to implement the order passed by the High Court. Learned counsel submitted that under such circumstances, the age was enhanced from 62 to 65 years. Learned counsel submitted that thereafter the age of Government doctors was enhanced from 65 to 67 years but despite the recommendation from the University, no decision has been taken at the level of the Government with regard to such enhancement of age of superannuation.

5. Learned counsel for the State and University submitted that the matter is under consideration of the State Government.

Patna High Court CWJC No.2651 of 2017 dt.14-07-2017 3/3

6. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the respondents no. 1 and 8 to take a final decision in the matter, in accordance with law, within two months from the date of production of a copy of this order before them.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U