IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16983 of 2009 1. SADHU RAM S/O LATE TOOFANI RAM R/O MOH- NEW AREA BISAR, P.S. CIVIL LINE, DISTT. GAYA 2. RAM BALAK S/O LATE LALLU YADAV R/O MOH- GHUGHNI TARN, P.S. CIVIL LINE, DISTT. GAYA 3. BISESAR S/O MAHGOO YADAV R/O MOH- GHUGHNI TARN, P.S. CIVIL LINE, DISTT. GAYA 4. RAMESH PRASAD SINGH S/O LATE SHUKHDEO SINGH R/O MOH- RAM DHANPUR, P.S. KOTWALI, DISTT. GAYA --------------------------- Petitioners Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY URBAN DEVELOPMENT DEPTT., BIHAR, PATNA 2. THE GAYA MUNICIPAL CORPORATION THROUGH THE MUNICIPAL CORPORATION GAYA 3. THE EXECUTIVE OFFICER DISTRICT WATER BOARD, UNDER GAYA MUNICIPAL CORPORATION, GAYA 4. THE MUNICIPAL COMMISSIONER WATER BOARD, GAYA NAGAR NIGAM, GAYA ------------ Respondents. ----------- 2 24-12-2009 Heard learned counsel for the petitioners, State and learned counsel for Gaya Municipal Corporation. Petitioners are employees of Gaya Municipal Corporation. They are aggrieved by the order of the Municipal Commissioner, Gaya Municipal Corporation,Gaya , bearing Memo No.20 dated 24.9.2009, whereunder they have been directed to superannuate with effect from 17.9.2009, the date on which they completed 40 years of service in the Corporation. It is submitted on behalf of the petitioner that the aforesaid order is contrary to the provisions contained in Rule-73 of the Bihar Service Code, which inter alia provides for superannuation of the Government/ Municipal Servant on attaining the age of 60 years. The petitioners having not - 2 - completed 60 years of age on 17.9.2009 ought not to have been superannuated with effect from 17.9.2009 the date on which they completed 40 years of service in the light of the communication of the State Government in the Department of Urban Development, contained in letter dated 28.1.2002, which inter alia provides for superannuation of the Government/Municipal servant on the date they complete 40 years of service. Correctness or otherwise of the aforesaid instructions of the State Government dated 28.1.2002 was considered by the Division Bench on the ground that the same is violative of Rule 73 of the Bihar Service Code and this Court in the case of Gaya Municipal Corporation under Judgment dated 12.4.2007 , reported in 2007(4) PLJR held that instruction to retire Government /Municipal Servant on completing 40 years of service is not in the teeth of Rule-73 of Bihar Service Code. In view of the decision of the Division Bench in the case of Gaya Municipal Corporation (Supra), I do not find any merit in the writ application. This application is accordingly disposed of . NKS/- ( V.N.Sinha, J)