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Patna High CourtCWJC/922/2020dismissed

Mahesh Prasad Singh v. The State Of Bihar

2020-01-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.922 of 2020 ====================================================== Mahesh Prasad Singh Son of Kapil Deo Singh, Resident of Near Royal Academy, Alkapuri, Bhagwanpur, Muzaffarpur, District- Muzaffarpur, Pin Code- 842001 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2.

B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. 3.

Vioe Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 4.

Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 5.

Principal, Rameshwar College, Muzaffarpur.

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

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate Mr. Roushan, Advocate For the Respondent/s :

Mr. Ranjan Kumar, AC to GA 12 For the University :

Mr. Nikhil Kumar Agrawal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-01-2020 The petitioner, a Peon in B.R. Ambedkar Bihar University has challenged the order dated 09.11.2019, whereby he has been made to superannuate after having completed 44 years of service.

The only ground on which this petition has been filed is a communication by the University disclosing that the date of superannuation of the petitioner after completion of 62 years is 31.08.2001.

Patna High Court CWJC No.922 of 2020 dt.16-01-2020 2/2 In that event, it has been submitted that before the petitioner completing 62 years of age, he should not be made to superannuate.

Perhaps the petitioner has not looked at the other part of the communication, which indicates the date of superannuation on completing 44 years of service as 31.08.2019.

The order of superannuation has been passed beyond two months of the petitioner having completed 44 years of service.

The claim of the petitioner for being retained in service till the time he complete 62 years of age is without any substance as he has already served for 44 years. There is no merit in the petition and the same is accordingly dismissed.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.01.2020 Transmission Date