High CourtsDivision Bench(2020) 12 PAT CK 0183

State Of Bihar vs Secretary, Bihar State Up Shastri Sanskrit Mahavidayala/College And Ors

Patna High Court · Decided on 18 December 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 1925 Of 2011, Civil Writ Jurisdiction Case No. 6534 Of 2009

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Judgment

15 paragraphs · 287 words

The instant appeal has been filed against the judgment dated 9th of September, 2011 passed by a learned Single Judge of this Court in C.W.J.C. No.

6534 of 2009, titled as Secretary, Bihar State Up Sastri Sanskrit Mahavidalya/College Teachers Association Employees & Ors. Vs. The State of

Bihar & Ors.

Shri Satyavrat, learned Assistant Counsel to learned Government Pleader No. 10, has placed on record a communication dated 17.12.2020.

We are of the considered view that the appeal needs to be dismissed, more so for the reason that the judgment rendered by a co-ordinate Bench of

this Court in C.W.J.C. No. 11271 of 1992, titled as Narendra Narayan Prasad Vs. The State of Bihar & Ors. has attained finality.

Learned Single Judge simply applied the ratio laid down therein and finding the facts of the writ-petitioner similar to that of the writ-petitioner in the

said case, allowed the writ petition, also holding the members of the petitioner association to be entitled to the similar benefits with regard to their age

of superannuation to be 62 years instead of 60 years.

Also, as we are informed, with the passage of time, now the age of superannuation stands enhanced from 60 to 65 years instead of 62 years.

Be that as it may, on the date of filing of the writ petition, the members of the petitioner association were claiming benefit only up to the age of 62

years to which they would be entitled to under orders of the Court.

We further find that the members of the petitioner association have rather served the State well and have since superannuated.

As such, the present appeal, devoid of merit, is dismissed.

Interlocutory Application(s), if any, shall stand disposed of.