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2009 Supreme(Pat) 673

MIHIR KUMAR JHA
Ganesh Sinha Son Of Late Yadu Sinha – Appellant
Versus
B. R. A. Bihar University, Muzaffarpur – Respondent


JUDGEMENT

Mihir Kr.Jha, J.

1. In this writ application, the petitioner, working as an Accountant of Ram Dayalu Singh College, Muzaffarpur, a constituent college under B.R.A. Bihar University, Muzaffarpur (hereinafter to be referred to as the University), has assailed the order passed by the Registrar of the University dated 1st September, 2005 for superannuating him from service with effect from 18th of August, 2004 on the basis that he had already completed 44 years of service in the college.

2. Learned counsel for the petitioner, while assailing the impugned order, submits that the appointment of the petitioner was made on a Class-4 post in Ram Dayalu Singh College (hereinafter to be referred to as the College) on 18.8.1960 at the age of 16 years 5 months and 22 days, his date of birth being 10th February, 1944. Learned counsel for the petitioner had also explained that the petitioner had acquired the qualification of Intermediate in Commerce in the year 1966 and thereafter he was promoted by the College on the post of Clerk on 1.10.1966 and as such, when the College become a constituent unit of the University in the year 1976, his services were absorbed as a Class-Ill non-teachin



















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