SURAJ PRASAD Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN terms of sub -section (d) of Section 81 of the Bihar Regional Development Authority Act, 1981 , (hereinafter referred to as the Act), Bihar Regional Development Authority is empowered to make regulations to provide for the salaries, allowances, gratuities and conditions of services of the Officers and Employees of the Authority and disciplinary matters relating to them. There is no dispute that instead of making a regulation to provide for the conditions of service of the Officers and Employees of the Authority, it has adopted the condition of services of the Officers and Employees of the State of Bihar. In terms of the provisions contained in the conditions of service of the Officers and Employees of the State of Bihar, an Officer or an Employee of the State of Bihar attains the age of superannuation upon attaining fifty eight years in such view of the matter, the Officers and Employees of the Authority also attains their age of superannuation upon attaining the age of fifty eight years.

(2.) THE State Government has altered the conditions of service of the Officers and Employees of the State of Bihar and, accordingly, has raised the age of superannuation from fifty eight years to sixty years. In consequence thereof on and from the date of alteration of conditions of service of the Officers and Employees of the State of Bihar, an Officer or an Employee of the State of Bihar attains the age of superannuation upon attaining the age of sixty years. This automatically ought to have had applied to the Authority, inasmuch as the Authority has adopted the conditions of service of Officers and Employees of the State of Bihar. However, at the meeting of the Authority held on 23rd July, 2005. the Authority decided to increase the age of superannuation of its Officers and Employees from fifty eight years to sixty years subject to the approval of the State Government. There is no dispute that the State Government has not either concurred in the proposal to raise the age of superannuation from fifty eight years to sixty years of the Officers and Employees of the Authority nor has refused to concur to the same.

(3.) IN the counter -affidavit filed by or on behalf of the Authority the stand of the petitioners has been supported.