IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2735 of 2011 ====================================================== Dr.Suresh Chandra Srivastava, son of Late Lakhi Narayan Lal, Resident of 405, Raj Mahal Apartment, New Bahadurpur, P.S. Bahadurpur, Bazar Samiti Road, District-Patna .... .... Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Human Resource Development Department, Government of Bihar, Patna 3. The Vice Chancellor, Patna University, Patna 4. The Registrar, Patna University, Patna 5. The Finance Officer, Patna University, Patna .... .... Respondent ====================================================== Appearance : For the Petitioner : Mr. Vikash Kumar Pankaj For the State : Mr. Santosh Kumar, AC to GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 2 19-09-2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a direction upon the respondents to shift the date of his retirement to 1.1.2006 instead of 31.12.2005. The date of birth of the petitioner being 1.1.1946, he claims to have attained the age of 60 years on 1.1.2006 and consequentially he would be entitled to re- calculation of the retirement benefits on the basis of new pay scale with effect from 1.1.2006. Clause 14 of the Statutes dated 18.11.1980 relating 2 to General Conditions of Service of employees of the Patna, Bihar, Ranchi, Bhagalpur, Magadh, L.N.Mithila & S.D. Sanskrit Universities, is as follows:- “14(1) All employees of the University other than inferior servant shall retire as per provisions of the Act. (2) Employees in the inferior service shall retire on attaining the age of 62 years. (3) A University employee whose date of retirement falls on the first day of a month will retire from service with effect from the afternoon of the last day of the preceding month and if the date of retirement falls on any other date of the months he will retire in the afternoon of the last date of that month.” It is evident from sub-clause (3) of Clause-14 of the Statute that the University employee whose date of retirement falls on the first day of a month will retire from service with effect from the afternoon of the last day of the preceding month. The petitioner who was born on 1st January, 1946 would, in the circumstances, retire on 31st December, 2005. Thus, the claim of the petitioner is contrary to the provisions of the Statutes. There being no merit in the writ application, it is accordingly dismissed. S.Pandey/- (Ramesh Kumar Datta, J)