By Court.-The present writ petition has been filed under Article 226 of the Constitution of India inter alia challenging the letter no. 926 dated 15.10.2003 issued by the District Education Officer, Bokaro (Respondent No.3) whereby following the instructions contained in said office order of the respondent no. 4, the Headmaster, State Subsidised High School, Bhendra, Bokaro forcefully superannuated the petitioner with effect from 31.12.1999 on the ground that he has already completed 40 years of service. Petitioner has also prayed that the order of refund of Rs. 2,31,000/- (Rupees Two Lakhs thirty one thousand), which is excessively paid to the petitioner from January, 2000 to June, 2003 is also to be quashed and set aside.

2. Learned counsel for the petitioner has submitted that the petitioner was appointed on 18.10.1959 in the State Subsidised High School, Bhendra, Bokaro and subsequently on 2.10.1980, the State Government took over the establishment of the said School. Learned counsel for the petitioner has also pointed out that the date of birth of the petitioner is 2.3.1946. However, he was directed to retire on 31.12.1999, which according to him is premature retirement