IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1525 of 2009 1. DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, KISHANGANJ. 2. ZILA PARISHAD, KISHANGANJ THROUGH THE DEPUTY DEVELOPMENT COMMISSIONER CHIEF EXECUTIVE OFFICER. --------- Respondents/Appellants Versus 1. DR. SHALIGRAM PRASAD SAH, S/O LATE JAGARNATH SAH, MOH- NEW COLONY, THAKURGANJ, P.S. THAKURGANJ, DISTT. KISHANGANJ. ------- Petitioner/Respondent 1st Set 2. THE STATE OF BIHAR THROUGH THE DIRECTOR PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA. 3. THE DEPUTY DIRECTOR-CUM-DEPUTY SECRETARY, DEPTT. OF PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA. 4. THE ADDITIONAL SECRETARY TO GOVT. FINANCE DEPTT., GOVT. OF BIHAR, PATNA. ------ Respondents/Respondents ----------- 4 18.01.2011 Heard learned counsel for the parties. In the opinion of this Court, once the issue of extension of age of retirement of the Medical Officers of Zila Parishad has been decided by this Court in the case of Bihar Rajya Zila Parishad Karamchari Mahasangh & Anr. Vs. The State of Bihar & Ors. reported in 2006(4) PLJR 308, which has become final and binding, there would be no scope for now respective Zila Parishad to take a different stand at least with regard to the age of retirement of the Medical Officers. The learned single Judge, in fact, has only explained this aspect and has held that by 2 virtue of the said decision of this Court, the amendment was made in Rule 73 of the Bihar Service Code and was duly adopted and made applicable in the case of employees of Zila Parishad and accordingly, the age of retirement of the Medical Officers of Zila Parishads would stand extended up to 62 years. We find no flaw in the aforesaid conclusion arrived by the learned single Judge and accordingly the impugned order passed by him has to be upheld by us. As with regard to the submission of the learned counsel for the appellant that imposition of cost by the learned single Judge was unwarranted in the facts and circumstances of the present case, we would find that there was some confusion in the minds of the authorities of the concerned Zila Parishad with regard to the age of retirement of the Medical Officers. We would accordingly hold that there was no deliberate lache or lapse on the part of the appellant, Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Kishanganj 3 and in that view of the matter, the cost of Rs. 5,000/- as imposed by the learned single Judge is set aside. If such cost has already been paid to the respondent writ petitioner, the same would be refunded by him to the Appellants within a period of one month from today. With the aforementioned modification in the impugned order, this appeal is dismissed. Rishi/Kanchan (T. Meena Kumari, J.) (Mihir Kumar Jha, J.)