The Patna High Court dismissed a writ petition challenging the retirement of a petitioner-sweeper from Nagar Parishad, Sasaram. The court found she completed 42 years of service and held there was no good ground for interfering with the retirement order.
The writ petition was dismissed without any relief to the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5242 of 2013
With
Interlocutory Application No. 2532 of 2013
====================================================== Ajameri Halkhori,wife of late Ajju Halkhor, resident of Mohalla Sherganj, Sasaram, P.S.Sasaram,District Rohtas
.... .... Petitioner/s
Versus
====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Chaubey, Advocate For the Respondents 1 to 3 : Mr. Shashi Shekhar Kr.Prasad, A.C.to GP12 For the Respondent 3 to 6 : Mr. Vijay Shanker Upadhya, Advodate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2 04-04-2013 Heard the parties.
The petitioner is aggrieved by the order passed by the respondent Municipal Executive Officer, Nagar Parishad, Sasaram, whereby the petitioner has been made to retire from service on completion of 42 years of service.
Learned counsel appearing on behalf of the petitioner submits that the petitioner was appointed and was working on Class IV post of sweeper under Nagar Parishad, Sasaram. According to him, the petitioner has not completed the age of 60 years and, therefore, the action of respondent Nagar Parishad, Sasaram and its functionaries retiring her from service prematurely is not justified.
Patna High Court CWJC No.5242 of 2013 (2) dt.04-04-2013
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Learned counsels appearing on behalf of the respondents have opposed the prayer made on behalf of the petitioner and have submitted that on the basis of materials available on the record, it is apparent that the petitioner came in service on the post of sweeper as far back as on 1.4.1971 and, therefore, on 31.3.2013 she completed 42 years of continuous service. According to the learned counsels appearing on behalf of the respondents, the action of the respondents is fully justified, and cannot be legally faulted.
After having heard the parties, this Court finds that the petitioner has completed 42 years of continuous service on 31.3.2013. Admittedly, now the petitioner has been made to retire with effect from 1.4.2013.
In the facts and circumstances, this Court does not find any good ground for interfering with the impugned orders/actions of the respondent Nagar Parishad. After having remained in continuous service for 42 long years, it is high time for the petitioner to call it a day from the service of the respondent Nagar Parishad and do some service for the society. The writ petition is devoid of merits. It is, accordingly, dismissed.
I.A. No. 2532 of 2013 stands, accordingly, disposed of.
(Birendra Prasad Verma, J)
Kanth/-
2 issues framed by the court
Whether a petition relying on premature retirement due to non-completion of age, where service duration is sufficient, has merits.
Whether the impugned order of retirement from service should be interfered with under writ jurisdiction.
Ajameri Halkhori
The State of Bihar
The Principal Secretary, Urban Development Department, Bihar
The Collector, Rohtas
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
