IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11897 of 2005 Md.Shabbir Khan, son of Abdul Hamid Khan, resident of Nagar Parishad Colony, Quarter No.35, Dehri-On-Sone, P S – Dehri- On-Sone, District - Rohtas Versus 1. The State of Bihar. 2. The Joint Secretary, Urban Development Department, Government of Bihar, Patna. 3. The Additional Secretary, Department of Finance, Government of Bihar, Patna. 4. The District Magistrate, Rohtas. 5. The Executive Officer, Nagar Parishad, Dehri Dalminyanagar, Rohtas, District – Rohtas. ---------------------------------- 06. 19.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Dehri Nagar Parishad. Petitioner is challenging the order dated 31.8.2005 by virtue of which the Executive Officer, Nagar Parishad, Dehri has forced the petitioner to superannuate after having completed 40 years of service under the respondents. Contention of the counsel for the petitioner is that this is an arbitrary decision as by this time the State Government had already decided to enhance the age of retirement of State Government employees to 60 years and the same was extended to the employees of the Nagar Nigam or Parishad. Learned counsel for the respondents brings to my notice a decision rendered in the case of Gaya Municipal Corporation v. Jogendra Kumar Singh, 2007 (4) PLJR 317 where a person was made to retire on completion of 40 years of service, which became the subject matter of dispute before the LPA Bench. The Court in its decision has very categorically held that it has to be either 40 years of service or the age of superannuation, whichever is 2 earlier. Since the petitioner was made to retire on completion of 40 years of service and the provisions in this regard did permit the municipal authorities to compel an employee to retire on having completed 40 years of service, the Court is bound by the wisdom of the said Division Bench and no interference is warranted with Annexure-1. Writ is dismissed. rkp ( Ajay Kumar Tripathi, J.)