NAGENDRA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the counsel for the BISCOMAUN, who at the outset questioned the maintainability of this writ application, as according to him, BISCOMAUN being not a State within the meaning of Article 12 of the Constitution of India this Court should not entertain the writ petition.

(2.) I regret not to accept the submission as petitioners have filed this writ application to direct the Managing Director, BISCOMAUN to grant them the benefit of the orders passed by the Administrator, BISCOMAUN bearing Memo No. 868 dated 30.7.2009, Annexure-8, whereunder the age of superannuation of the employees of BISCOMAUN has been extended from 58 years to 60 years. In the circumstances, the writ petition praying inter alia to direct the Managing Director to abide by the orders of the Administrator dated 30.7.2009, Annexure-8 is maintainable as the Administrator of BISCOMAUN is the authority appointed by the State.

(3.) Prior to issue of the order dated 30.07.2009, Annexure-8 petitioners were served with the order of the Managing Director dated 5/4.5.2009 as contained in Annexures 1, 2 and 3 whereunder they were directed to superannuate with effect from 30.6.2009 on attaining the age of 58 years contrary to the resolution of the Board of Directors of the BISCOMAUN taken in its meeting held on 02.11.2007, whereunder the age of retirement of the employees was extended from 58 years to 60 years.