LAW FOR ALL

Fixation of maximum length of service as an alternative criterion for retirement from public service, by no stretch of imagination, can be held to be violative of any recognised norms of employment planning. There may be a large number of compelling reasons that may necessitate the Government (or for that matter the legislature) to prescribe the rule of retirement from the government service on completion of specified years. If the reasons are germane to the object sought to be achieved, such provision can hardly be faulted.” 20. In the instant case, apart from the scheme of rules of which a reference has been made, the appellant could not enter into service below the age of attaining majority, if there is no express provision of minimum age at the entry level under the Bihar Service Code as prayed, in isolation is accepted and the age at the entry level is left open ended, it will take us to a stage where a toddler or a minor of any given age can claim his eligibility to enter into public employment which is manifestly illogical and impermissible in law. 21. Thus, under the existing scheme of Rules, the qualifying service which one could render in any manner would not exceed 42 years and this what has been clarified by the Government by its circular dated 15th January, 1998 and that was taken note of 16 by the Board in its meeting held on 15th January, 2004 which was not the subject matter of challenge and the appellant was communicated of retirement on attaining full employment of 42 years rendered on 31st May, 2012, which, in my opinion, could not be said to be in contravention to the scheme of rules.