S.J. Mukhopadhaya, J.

1. The petitioner in the instant writ petition has challenged the order, contained in letter No. 64, dated 31st December, 2002 issued by the 3rd respondent, Headmaster, High School, Peterwar, District-Bokaro. whereby and whereunder, giving reference to letter No. 408, dated 18th December, 2002, issued by the District Education Officer, Bokaro, he has informed the petitioner that he, having completed 40 years of service, has retired from his service. The petitioner has also assailed the said letter No. 408, dated 18th December, 2002, issued by the District Education Officer, Bokaro, whereby, it was informed that there being no provision to allow a person to continue beyond 40 of service, the petitioner would retire and the excess amount, received by him by continuing in service beyond the said period, be recovered from his gratuity.

2. In a similar case of Pranadhar Prasad v. State of Jharkhand and Ors. , a Bench of this Court held that a Government servant cannot be retired by pushing back his date of birth arbitrarily, on completion of 40 years of service, and that the retirement on the ground of completion of 40 years of service in absence of any rule or