IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10623 of 2010 DR.RAM SRINGAR SAH, SON OF KISHUNI SAH, R/O VILLAGE NIKASHPUR, P.O. NIKASHPUR NISPHI VIA MORWA, P.S. TAJPUR, DISTT. SAMASTIUPR. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR PATNA. 2. THE FINANCE COMMISSIONER, FINANCE DEPARTMENT BIHAR PATNA. 3. THE COMMISIOINER CUM SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ BIHAR, PATNA. 4. THE DIRECTOR, PANCHAYAT RAJ BIHAR PATNA. 5. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD DARBHANAGA. 6. ZILA PARISHAD DARBHANGA THROUGH ITS CHAIRMAN. 7. ADDL. CHIEF MEDICAL OFFICER JAN SWASHTHYA PRASHAKHA ZILA PARISHAD, DARBHANGA. ----------- 02. 09.07.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Additional Chief Medical Officer, Zila Parishad, Darbhanga bearing Memo No.19 dated 13.3.2009, Annexure-2 whereunder he has been directed to superannuate with effect from 31.3.2009 on attaining the age of 60 years. 3. It is submitted on behalf of the petitioner that impugned order dated 13.3.2009, Annexure-2 is violative of the notification of the State Government bearing Memo No.8589 dated 23.11.2007, Annexure-1, whereunder exercising the power under Article-309 of the Constitution of India the State Government 2 amended Clause-73 of the Bihar Service Code and extended the age of superannuation of the Medical Officers to 62 years. It is further submitted that the impugned order is contrary to the aforesaid notification and in the light of the aforesaid notification the age of superannuation of the petitioner be extended from 60 to 62 years and he should be allowed to continue in service of the Zila Parishad as Medical Officer until he attains the age of 62 years i.e. 31.3.2011. 4. Petitioner has chosen to assail the impugned order dated 13.3.2009, Annexure-2 by filing the present writ application on 8.7.2010, as such, applying the judgment of the Hon’ble Supreme Court in the case of U.P. Jal Nigam & Anr. Versus Jaswant Singh & Anr., reported in (2006) 11 SCC 464 it is directed that petitioner be reinstated in service of Zila Parishad, Darbhanga and allowed to continue on the post of Medical Officer until he attains the age of 62 years but be not paid any emolument for the period between 1.4.2009 till 8.7.2010 the date on which he filed the writ application. 5. With the direction aforesaid, the writ application is disposed of. Rajesh/ ( V. N. Sinha, J.)