IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7800 of 2010 SITA RAM PRASAD S/O LATE RUPLAL CHAUDHARY R/O MOHALLA- BARI YUSUFPUR, P.O. HAJIPUR, P.S. INDUSTRIAL AREA, HAJIPUR, DISTT.- VAISHALI AT HAJIPUR, AT PRESENT HEAD ASSISTANT, NAGAR PARISHAD, HAJIPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVT. OF BIHAR 3. THE PRESIDENT, NAGAR PARISHAD HAJIPUR UNDER THE DISTRICT VAISHALI AT HAJIPUR 4. THE EXECUTIVE OFFICER NAGAR PARISHAD, HAJIPUR ----------- 03. 18.05.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the office order bearing letter No.347 dated 6.3.2010, Annexure-5, whereunder he has been superannuated with effect from 28.2.2010 as on that date he completed 40 years of service. Learned counsel for the petitioner is assailing such order on the ground that the age of superannuation of the employees of the local bodies is 60 years and petitioner shall complete 60 years of age on 2.1.2011 and cannot be superannuated with effect from 28.2.2010. 3. It is submitted by the counsel for the State, AC to GP-16, who has taken instruction from the authorities of the Nagar Parishad, Hajipur that true it is that the employees of the local bodies have been allowed the extended age of retirement of 60 years but such grant of extended age is subject to the completion of 40 years of service and as petitioner completed 40 years of service prior to attaining the age of 60 years of age he has been superannuated with effect from 28.2.1010, the date on which he completed 40 years of service. Such order has been passed in the light of the Division Bench judgment of this Court - 2 - in the case of Gaya Municipal Corporation Versus Jogendra Kumar Singh bearing L.P.A. No.645 of 2006, which was disposed of under orders dated 12.4.2007. The order impugned is in the light of the orders of the Division Bench dated 12.4.2007, in the circumstances, I am not inclined to interfere in the matter. The writ application is dismissed. Rajesh/ (V.N. Sinha, J.)