IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4276 of 2010 LAL BAHADUR RAI S/O LATE DHANUKDHARI RAI R/O VILL BISHUNPUR, P.O. CHIRAIYATOK, P.S.BACHHAWARA, DISTT-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVT.OF BIHAR, PATNA 3. THE DEPUTY SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVT.OF BIHAR, PATNA 4. THE LODGGING HOUSE COMMITTEE, GAYA THROUGH ITS CHAIRMAN THE DISTRICT MAGISTRATE, GAYA 5. THE COMMISSIONER, MAGADH DIVISION, GAYA CUM CONVENOR LODGING HOUSE COMMITTEE, GAYA 6. THE DISTRICT MAGISTRATE, GAYA CUM CHAIRMAN LODGING HOUSE COMMITTEE GAYA, DISTT-GAYA 7. THE SECRETARY LODGING HOUSE COMMITTEE GAYA, DISTT-GAYA For the Petitioner : Mr. Raghwendra Sharan Pandey, Advocate. For the State : Mr. Ravi Shankar, AC to GP-7. ----------- 02. 23.03.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner an employee of the Lodging House Committee, Gaya(hereinafter referred to as the Committee) has filed this writ application questioning the order of the Secretary of the Committee dated 5.1.2010, Annexure-1, whereunder he has been directed to superannuate with effect from 28.2.2010 on attaining the age of 58 years. 3. Counsel for the petitioner states that order dated 5.1.2010, Annexure-1 is violative of the service conditions applicable to the employees of the Committee as they are governed by the provisions of Rule-73 of the Bihar Service Code, which provides that the employees shall superannuate after attaining the age of 60 years. In this connection, learned counsel for the petitioner referred to the order dated 6.3.2009, Annexure-5 whereunder with reference to the resolution of the Committee dated 20.9.1983 it is submitted that the committee has decided to apply the same service conditions which is - 2 - applicable to the employees of the Collectorate and the employees of the Collectorate are governed by the Bihar Service Code, which inter alia provides 60 years as the age of superannuation of the employees. 4. In the circumstances, order dated 5.1.2010 appears to be violative of Rule-73 of the Bihar Service Code which is applicable to the employees of the Lodging House Committee and in appreciation of such legal position order dated 5.1.2010, Annexure-1 is quashed. Rajesh/ (V.N.Sinha, J.)