IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.359 of 2005 In (CIVIL WRIT JURISDICTION CASE 10294/1999) 01. The State Of Bihar 02. The Commissioner-Cum-Secretary, Higher Education, Government of Bihar, Patna 03. The Deputy Secretary, Higher Education, Government of Bihar, Patna ….. Appellants/Respondents Versus 01. Dr.Lalta Prasad Srivastava, son of Late Thakur Mangal Prasad, resident of Parwati Niwas, Bakarganj Bajaja, Bankipore, P.S.-Pirbahore, District- Patna ….. Respondent/Petitioner (Ist Set) 02. The Patna University through its Registrar, Patna 03. The Vice-Chancellor, Patna University, Patna 04. The Registrar, Patna University, Patna ….. Respondents/Respondents (2nd Set) For the Appellants:- Mr. Rakesh Kr. Samrendra, SC-21 ---------------------------------- 07. 09.08.2011 The present L.P.A. is filed by the State against the order dated 04.11.2004 passed in C.W.J.C. No. 10294 of 1999. The main contention urged before us is that the post of Assistant Director in the University of Patna is a teaching post, hence the individual holding such post has to retire at the age of 60 years. It is also contended that in the case of one I.H. Khan (Annexure-7), he was allowed to retire at the age of 62 years and similarly the respondent was also continued in service when he was asked to retire at the age of 60 years. Aggrieved by same he 2 filed writ petition and the learned Single Judge has allowed the writ petition treating similar case as that of Mr. I.H. Khan. Contention is sought to be raised by the learned Government Advocate before us that as the Assistant Director post is not a teaching post, hence the individual holding such post has to retire at the age of 60 years. To support his contention, the appellant State has not placed any material before us. In absence of such material, we are of the opinion that as the learned Single Judge has observed that the respondent petitioner is similarly situated person to that of I.H. Khan, hence he is entitled to retire at the age of 62 years, hence order of the learned Single Judge needs no interference. Accordingly, the L.P.A. stands disposed of. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)