IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.359 of 2005
In
(CIVIL WRIT JURISDICTION CASE 10294/1999)
01. The State Of Bihar
02. The Commissioner-Cum-Secretary, Higher Education,
Government of Bihar, Patna
03. The Deputy Secretary, Higher Education, Government of
Bihar, Patna
..... Appellants/Respondents
Versus
01. Dr.Lalta Prasad Srivastava, son of Late Thakur Mangal
Prasad, resident of Parwati Niwas, Bakarganj Bajaja,
Bankipore, P.S.-Pirbahore, District- Patna
..... Respondent/Petitioner (Ist Set)
02. The Patna University through its Registrar, Patna
03. The Vice-Chancellor, Patna University, Patna
04. The Registrar, Patna University, Patna
..... Respondents/Respondents (2nd Set)
For the Appellants:- Mr. Rakesh Kr. Samrendra, SC-21
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07. 09.08.2011 The present L.P.A. is filed by the State
against the order dated 04.11.2004 passed in
C.W.J.C. No. 10294 of 1999.
The main contention urged before us is
that the post of Assistant Director in the University
of Patna is a teaching post, hence the individual
holding such post has to retire at the age of 60
years. It is also contended that in the case of one
I.H. Khan (Annexure-7), he was allowed to retire at
the age of 62 years and similarly the respondent was
also continued in service when he was asked to
retire at the age of 60 years. Aggrieved by same he
2
filed writ petition and the learned Single Judge has
allowed the writ petition treating similar case as that
of Mr. I.H. Khan.
Contention is sought to be raised by the
learned Government Advocate before us that as the
Assistant Director post is not a teaching post, hence
the individual holding such post has to retire at the
age of 60 years. To support his contention, the
appellant State has not placed any material before
us. In absence of such material, we are of the
opinion that as the learned Single Judge has
observed that the respondent petitioner is similarly
situated person to that of I.H. Khan, hence he is
entitled to retire at the age of 62 years, hence order
of the learned Single Judge needs no interference.
Accordingly, the L.P.A. stands disposed of.
(T. Meena Kumari, J.)
(Vikash Jain, J.)
P.K.