Navin Sinha, J.

1. The issue for determination presently would be whether the age for superannuation of those in service of the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna, on non-teaching posts, would be 58 years or would the age of retirement applicable be 60 years.

2. This Court has heard learned Senior Counsel Sri Chitranjan Sinha appearing on behalf of the petitioner, the learned Additional Advocate General No. 2 Sri Swaraj Kumar Ghosh appearing on behalf of the State and Sri Sheojee Prasad appearing on behalf of the Indira Gandhi Institute of Medical Sciences, Sheikhpura (hereinafter referred to as the Institute)

3. The petitioner would have been appointed in the year 1984 in the Institute on the post of Assistant Nursing Superintendent. She would be superannuating on 31.8.2005 on the basis of 58 years of age. The claim in the writ application would be that she would be eligible for retirement at the age of 60 years and therefore the respondents be directed to continue with her services till she would attain that age. The petitioner would have preferred this writ application on 12.8.2005 before her scheduled date of superannuation.

4. Learned Senior