IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16852 of 2009 1. DR. BANSHIDHAR MISHRA S/O LATE KANT LAL MISHRA R/O VILL.- HARIPUR KALA, P.S. BANMANKHI, DISTT.- ARARIA, AT PRESENT NAGAR PARISHAD HEALTH CENTRE PURNIA CITY Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2. THE FINANCE COMMISSIONER, FINANCE DEPTT., BIHAR, PATNA 3. THE COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT AND PANCHAYATI RAJ BIHAR, PATNA 4. THE DIRECTOR PANCHAYATI RAJ, BIHAR, PATNA 5. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, PURNIA 6. ZILA PARISHAD, PURNIA, THROUGH ITS CHAIRMAN ----------- For the petitioner : Mr. Mithilesh Kumar Singh, Advocate. For the State : Mr. Jainendra Kumar Singh, A.C. to G.A.-10. For the Zila Parishad : Mr. Nilesh Kumar, Advocate. ==== 3. 22.12.2009. Heard learned counsel for the petitioner, State as also the counsel for the Zila Parishad, Purnea. 2. Petitioner superannuated on attaining age of 60 years with effect from 30th June, 2008. He has filed this writ application challenging the action of the authorities of the Zila Parishad to superannuate him with effect from 30th June, 2008 as according to him he is entitled to the benefit of the extended retirement age by virtue of notification of the State Government dated 23.11.2007, Annexure-1 and subsequent notification bearing Memo No. 1262 dated 25.2.2009, whereunder the age of superannuation of the members of the Bihar Health Service, Bihar Medical Education Service and doctors serving under the discipline of Indian System has been extended from 60 years to 62 years by making amendment to that effect in the Bihar Service Code. 3. It appears, under notification dated 23.11.2007 amendment in Rule 73 of the Bihar Service Code was made only for the members of the Bihar Health Service and the Bihar Medical Education Service and under notification dated 25.2.2009 the same benefit of enhanced retirement age of 62 years was allowed to the doctors of the Indian System of medicine. The notification dated 25.2.2009 has become applicable with effect from 1st February, 2009. In the circumstances, petitioner who superannuated on 30th June, 2008 cannot be allowed the benefit under notification dated 25.2.2009 and in this view of the matter, the writ application is dismissed. P.K.P. (V.N.Sinha,J.)