Gopal Prasad versus Bihar School Examination Board & Others
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 8225 of 2012, Judgment Date: May 28, 2020
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8225 OF 2012
Gopal Prasad ... Appellant
versus
Bihar School Examination Board & Others ... Respondent
J U D G M E N T
Indira Banerjee, J.
I have gone through the draft judgment prepared by my esteemed brother, but have unfortunately not been able to agree that the appeal should be dismissed.
2. The appeal is against an order dated 3.8.2012, passed by a dismissing Letters Patent Appeal No.1090 of 2012 and affirming the order of the Single Bench dated 24.4.2017 dismissing the Writ Petition CWJC No. 7718 of 2012, filed by the Appellant.
3. The Appellant was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20th May 1970, at about 151⁄2 years of age . It is not in dispute, that on the date of appointment of the Appellant, that is, 20th May 1970 there was no minimum age prescribed for appointment to the post of Calligraphist-cum-Assistant. However, the minimum age of entry into pensionable service was 16 years. This meant that the period of service of an employee before attaining the age of 16 years, would not count towards pension.
4. By a Government circular dated 15th January 1998 issued by the Personnel and Administrative Reforms Department of the State of Bihar, the minimum age for appointment to an inferior service under the Government of Bihar was fixed at 18 years. The said circular, fixing the minimum age for appointment at 18 years, which was issued almost 18 years after the appointment of the petitioner, was prospective and applied only to appointments made after issuance of the said circular.
5. The terms and conditions of service of employees of the Bihar School Examination Board are governed by the Bihar Service Code. Rule 73 of the Bihar Service Code inter alia provides that “The date of compulsory retirement of a Government Servant is the date on which he attains the age of 58 years. He may be retained in service after the date of compulsory retirement with the sanction of State Government on public grounds, which must be recorded in writing.”