MAHESH PRASAD SHARMA S/O LATE SAHDEO SHARMA Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT.OF COOPERATIVE, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Bihar State Cooperative Marketing Union Limited (hereinafter referred to as the "BISCOMAUN") who has filed counter affidavit in which besides refuting the prayer of the petitioner on merits has also raised the preliminary objection that the writ application against BISCOMAUN is not maintainable as 'it is a society constituted under the Bihar Co-operative Societies Act, 1935 .

(2.) From perusal of the writ application as also the submissions made before the Court, it is evident that this application has been filed for a direction to the authorities of the BISCOMAUN to comply the orders of this Court dated 22.6.2009, Annexure-3, whereunder this Court made declaration in rem that the age of superannuation of the employees of the BISCOMAUN is 60 years in the light of the resolution dated 2.11.2007, Annexure-1 of its Board of Directors, which was taken in the light of the decision of the State Government to enhance the age of superannuation of the employees of the Cooperative Societies from 58 to 60 years dated 15.5.2006. In the light of the aforesaid orders of this Court dated 22.6.2009, Annexure-3, petitioner who superannuated with effect from 31.3.2009 in compliance of the orders of the BISCOMAUN dated 5.2.2009, Annexure-2 made representation dated 30.6.2009, Annexure-4 calling upon the authorities of the BISCOMAUN to permit him to resume duties in the light of the orders of this Court dated 22.6.2009, Annexure-3 but the said representation was not considered and he filed the present writ application on 8.2.2010. In view of the facts stated above there is no difficulty in concluding that the instant writ application is maintainable before this Court.

(3.) With the counter affidavit counsel for the BISCOMAUN has annexed the order of the Administrator of BISCOMAUN dated 30.7.2009, Annexure-A, whereunder the age of superannuation of the employees of the BISCOMAUN was extended from 58 to 60 years in compliance of the orders of this Court dated 22.6.2009, Annexure-3 with immediate effect. The correctness of the aforesaid order dated 30.7.2009 was considered by this Court in C.W.J.C. No. 14312 of 2008 under order dated 17.9.2009, Annexure-B in which this Court observed as follows: