IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10983 of 2005 Upendra Prasad Singh, son of Sri Ram Dilash Singh, Mohalla Gannipur, Opp. SKJ Law College, Muzaffarpur, PS Kazi Mohammadpur, Dist. Muzaffarpur – petitioner. Vs. 1) The state of Bihar through the Secretary cum Commissioner, Higher Education Department, Bihar, Patna. 2) The Vice Chancellor, B. R. Ambedkar Bihar University, Muzaffarpur. 3) The Registrar, B. R. Ambedkar Bihar University, Muzaffarpur. 4) Principal, Ram Dayalu Singh College, Muzaffarpur – Respondents. 6 1.3.2011 The petitioner entered in service at the age of fifteen in the B. R. A. Bihar University, Muzaffarpur. The petitioner is aggrieved by Annexure 1 wherein the authority has directed that the petitioner should be superannuated after completion of forty four years of service in the college. Counsel for the petitioner relies on the Statutes for grant of retiral benefits to employees of Bihar / Ranchi / Bhagalpur / Magadh / L.N. Mithila / K.S.D. Sanskrit University wherein clause 14(2) prescribes the minimum age for payment of pension which is defined as 18 years. It has been submitted that there is no Statute on the point as to whether a person can be retired before he reaches the age of superannuation. It is well settled by several decisions of this court wherein the provisions of the Bihar State Universities Act have been defined that where the Statutes are silent with respect to service conditions etc. of the University employees, the Bihar Service Code and other rules framed by the Government would be applicable. Interpreting the provisions of rule 73 of the Bihar 2 Service Code, this court has considered this aspect of the matter in a Full Bench judgment in the case of Rajawa Narain Mishra vs. C.E.O., Bihar R.K.A. Board, 2006 (1) PLJR 410. This case would be fully covered by the judgment of the case aforesaid. Although the reasons mentioned that Annexure 1 may not conform to the reasons given in the judgment aforesaid, however, the result is the same and as such there is no illegality in Annexure 1. This writ petition is, thus, dismissed. haque ( Sheema Ali Khan, J.)