RAJ MANGAL RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for directing the respondents to declare/enhance the age of superannuation/retirement of the petitioner from 58 to 60 years as per Finance Department Resolution No. 3A-7-Maha-01/2005-1500 V.(2) dated 24.3.2005 and also as per the Bihar Service (Amendment) Code, 2007 notified vide Finance Department, Govt. of Bihar's Notification No. 3 A-5-SE. NI.-04/2006, 8549 V.(2) dated 23.11.2007 which were equally applicable in case of employees of Bihar State Export Corporation.

(2.) The claim of the petitioner is that the respondent Bihar State Export Corporation (hereinafter referred to as the Corporation' for the sake of brevity) adopted all the Rules of Bihar Government regarding service of its employees and hence it must adopt the Rule of the State Government regarding enhancement of retirement age from 58 years to 60 years also.

(3.) He has submitted that another Corporation, namely Bihar State Handloom Powerloom and Handicraft Development Corporation Limited filed L.P.A. No. 214 of 2010 (The State of Bihar and Others V/s. Jitendra Nath Verma and Another) against the order of a learned single Judge of this Court dated 17.8.2009 by which CWJC No. 13398 of 2008 was allowed and the Corporation was directed to superannuate the petitioner of that case after completion of 60 years of age. The Division Bench affirmed the order of the learned single Judge vide order dated 7.3.2011 passed in LPA No. 214 of 2010.