1. The petitioner herein was appointed as Tax Collector of the Ranchi Municipality on 7.10.1960. The normal age of superannuation of an employee of the Ranchi Municipality which was subsequently converted into Ranchi Municipal Corporation, is 58 years. The date of birth given by the petitioner while joining service of the Municipality was 3.6.1943. According to the petitioner, he was entitled to continue in service till he attains the age of 58 years on 2.6.2001. But on 6.10.2000, by communication Annexure 3 he was informed that he has completed 40 years of service and he was being retired. The petitioner has challenged this communication retiring him from service on completion of 40 years of service, but before he attained the age of 58 years.

2. The petitioner has relied on a decision of the Patna High Court in Mokhtar Ahmad v. Bihar State Road Transport. 1995 (1) PLJR 183 in support of his submission that he was entitled to continue in service until he attained the age of superannuation. His further submission was that there was no minimum age prescribed for appointment under the Bihar Service Code and since the Ranchi Municipal Corporation adopted that Service Code he could