Chandeshwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2704 of 2015 ======================================================

1. Chandeshwar Singh Son of Late Gauri Shankar Singh Lectrurer, Ram Lakhan Singh Awadh Mahavidyalay, Premraj Mahua, Vaishali resident of village - Chapaith, P.S. Goraul, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Department, Government of Bihar, Patna

2. Director ( Academic ), Human Resource Department, Government of Bihar, Patna

3. Bihar School Examination Board ( Higher Secondary ) through its Secretary, Budh Marg, Patna

4. Secretary, Bihar School Examination Board, Patna

5. Principal, Ram Lakhan Singh Awadh Mahavidyalay, Premraj, District - Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr. Sc9- Raj Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 16-02-2015 If there are set of rules which govern the employees of Inter Colleges, and where a retirement age has now been fixed at 60 years, on a misplaced kind of communication, contained in Annexure-4 dated 24-9-2008, by no interpretation, can such employees or teachers can be brought under the statute of Bihar Universities Act and Rules which does not apply to them The decision so communicated, which is, any way, a communication under the R.T.I. Act, only indicates the position as

Patna High Court CWJC No.2704 of 2015 (2) dt.16-02-2015 2 / 2 to what will be the age of superannuation of such persons. This Court is not willing to bring the employees of Inter Colleges under the purview of the statute and rules of the University on a communication which may be quoted out of context. Learned counsel for the petitioner contends thereafter that previously that was the statute. This Court is not concerned with how the things were managed or run then. If there are a set of rule in place, and the petitioner has been superannuated on the basis of age of superannuation fixed therein, there is nothing irrational about it.

The writ application is dismissed.

(Ajay Kumar Tripathi, J) B.Roy/- U