SAMARENDRA PRATAP SINGH, J.

1. Heard counsel for the petitioner and the State. The petitioner was appointed as Homeopathic Medical Officer under Employees State Insurance Scheme in the Department of Labour & Employment on 4.10.1982 initially on temporary basis but subsequently confirmed.

2. The petitioner submits that an amendment was made in Rule 73 of the Bihar Service Code in February, 2009 whereby the retirement age of the members of Bihar Health Services as well as Bihar Medical Education Service was enhanced to 62 years. The amendment also enhanced the age of Indigenous Doctor including those in Indigenous Medical Education. The State Government again vide memo No. 9544 dated 1.9.2010 made amendment in Rule 73 of the Bihar Service Code wherein the retirement age of employees of Insurance Medical Service Cadre was enhanced to 62 years from 60 years.

3. The petitioner filed the instant writ application seeking a direction to the respondent authorities to enhance the age of superannuation to 62 years in terms of amended provisions of Rule 73 of the Bihar Service Code.

4. A supplementary affidavit has been filed on behalf of the petitioner stating that retirement age of Uninan