IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5047 of 2011 Shiv Bachan Sharma, son of Sri Bhagwan Prasad Singh, resident of Gol Bagicha, Gabrapar towards Cast of Guru Nanak School, P.S. Kotwali, District- Gaya.. Petitioner Versus 1. The State of Bihar through its Secretary, Town Development Department, Old Secretariat, Patna 2. Municipal Commissioner, Gaya Municipal Corporation, Gaya 3. Chief Executive Officer, Gaya Municipal Corporation, Gaya 4. Executive Officer, Gaya Municipal Corporation, Gaya …. Respondents ----------- For the petitioner: Mr. Arun Kumar Sinha, Advocate For the Corporation: Mr. Ravindra Kr. Priyadarshi, Advocate For the State: Mr. Sumant Kr. Singh, AC to SC 5. ----------- 2. 23.3.2011 Heard learned counsel for the petitioner, learned counsels for the respondent-Gaya Municipal Corporation and also for the State. The petitioner has filed the present writ application for a direction upon the authorities of the respondent-Municipal Corporation to extend the date of superannuation of the petitioner till he reaches the age of 60 years and to quash the order dated 28.1.2011 issued by the Municipal Commissioner retiring the petitioner with effect from 31.1.2011 on his completing service of 40 years under the Corporation. 2 In support of the aforesaid claim learned counsel for the petitioner relies upon a decision dated 17.8.2006 of a learned Single Judge of this Court passed in CWJC No. 4871/05 (Yogendra Kumar Singh Vs. The State of Bihar and others). Learned counsel for the Gaya Municipal Corporation submits that the said decision has been set aside on 12.4.2007 in LPA No. 645/06 filed by the Gaya Municipal Corporation which has been reported in 2007(4) PLJR 317. In view of the aforesaid decision of the Division Bench of this Court setting aside the order dated 17.8.2006 of the learned Single Judge, it is evident that no relief can be granted to the petitioner. Learned counsel for the Gaya Municipal Corporation further informs that another writ petition, CWJC No. 16983/09 (Sadhu Ram & others Vs. The State of Bihar and others) claiming similar relief was dismissed by order dated 24.12.2009 which was challenged in LPA No. 786/2010 which was dismissed by order dated 28.4.2010 and SLP filed against the said order has also been dismissed. 3 In the above circumstances, there is no merit in the writ petition. It is accordingly dismissed. S.Pandey ( Ramesh Kumar Datta, J.)