IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3561 of 2010 Dr. Mosibur Rahman, Son of Late Hanif Ansari, resident of the then Incharge Medical Officer, Banmankhi, District Purnea, at present Line Bazar, Sadar Hospital near Diwakar Patholabe, Banmankhi, District Purnea………………………………………………………………………Petitioner Versus 1. The State of Bihar through Health Commissioner-cum-Secretary, Health Department, Government of Bihar, Patna. 2. The Regional Deputy Director, Health Purnea Range, Purnea. 3. Director-in-Chief, Health Services, Bihar, Patna. 4. Civil Surgeon-cum-Chief Medical Officer, Purnea. 5. The Incharge Medical Officer, Banmankhi, Purnea 6. The Deputy Secretary, Health Department, Government of Bihar, Patna. 7. Dr. S.N. Sinha, S/o name not known to the petitioner, the then Deputy Director, Government of Bihar, Patna. 8. Additional Secretary-cum-conducting officer, Health Department, Government of Bihar, Patna……………………………………………………………..Respondents ----------- 2 29.09.2010 Heard learned counsel for the petitioner. In spite of repeated calls, no one appears for the opposite parties. Petitioner has filed this application for modification of the judgment of this Court dated 26.03.2010 passed in writ application bearing CWJC No. 5448 of 2005 in which, on the pleadings of the petitioner, it was observed that the normal date of his superannuation was 01.01.2009 and, therefore, respondents were given liberty to 2 proceed afresh against him only in terms of the provisions of the Bihar Pension Rules. Learned counsel for the petitioner submits that due to inadvertence, it could not be brought to the notice of this Court that, by a notification issued on 23.11.2007 itself, introducing the amendment in the Bihar Service Code, age of superannuation of the members of the Bihar Health Service and Bihar Medical Education Service was increased from 60 to 62 years. Thus, the petitioner was entitled to continue in service for two years more and hence, a fresh proceeding against the petitioner could be initiated under Rule 55 of the Bihar Service Code itself and not under the provisions of Bihar Pension Rules. However, he submits that in terms of the judgment of this Court, respondents have proceeded against the petitioner in terms of Rule 43 (B) of the Bihar Pension Rules in which petitioner has appeared and filed a show cause, and the proceeding is pending. The observation of this Court giving liberty to the respondents to proceed afresh against the petitioner under the provisions 3 of the Bihar Pension Rules was on the representation of the petitioner that his normal date of superannuation was 01.01.2009. If in view of the amendment, petitioner was to superannuate on completion of 62 years of age and, therefore, he was entitled to continue in service for two years more, he can be treated as continuing in service and the respondents can, if necessary, put him under suspension and convert the pending proceeding initiated against him under Rule 43 (B) of the Bihar Pension Rules into a proceeding under Rule 55 of the Bihar Service Code and issue fresh show cause notice to him and thereafter proceed in accordance with law from that stage of the proceeding. In the circumstances, the period for conclusion of the proceeding shall stand extended by four months from the date of receipt of this order. The application is disposed of with the aforesaid observations. BT (J. N. Singh, J.)