IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11158 of 2011 Dr. Kalyan Kumar Biswas S/O Late Baidyanath Biswas R/O 'Santosh Niwas', Of Chatradhari Bazar, P.O. & P.S.- Bhagwan Bazar, Town - Chapra, Distt.- Saran Versus 1. The State of Bihar. 2. The Secretary Urban Development and Housing Department, Government of Bihar, Patna 3. The Commissioner, Saran Division, Chapra 4. The District Magistrate, Chapra, Saran 5. The Chairman, Chapra Nagar Parishad, Chapra, Distt.- Saran 6. The Town Executive Officer, Chapra Nagar Parishad, Chapra, Distt.- Saran ---------------------------------- 08. 19.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Chapra Nagar Parishad. Petitioner is challenging the order dated 30.4.2011 by virtue of which the Executive Officer, Nagar Parishad, Chapra has forced the petitioner to superannuate after having completed 40 years of service under the respondents. Contention of the counsel for the petitioner is that this is an arbitrary decision as by this time the State Government had already decided to enhance the age of retirement of State Government employees to 60 years and the same was extended to the employees of the Nagar Nigam or Parishad. Learned counsel for the respondents brings to my notice a decision rendered in the case of Gaya Municipal Corporation v. Jogendra Kumar Singh, 2007 (4) PLJR 317 where a person was made to retire on completion of 40 years of service, which became the subject matter of dispute before the LPA Bench. 2 The Court in its decision has very categorically held that it has to be either 40 years of service or the age of superannuation, whichever is earlier. Since the petitioner was made to retire on completion of 40 years of service and the provisions in this regard did permit the municipal authorities to compel an employee to retire on having completed 40 years of service, the Court is bound by the wisdom of the said Division Bench and no interference is warranted with Annexure-1. Writ is dismissed. Amin/rkp ( Ajay Kumar Tripathi, J.)