BIHAR RAJYA ZILA PARISHAD Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel representing different Zila Parishads and learned counsel for the State of Bihar.

(2.) PETITIONER No. 1 in C.W.J.C. No. 8583 of 2005 is the registered Association of the employees of the different Zila Parishad of the State having registration no. 3041 for 1987 and it appears the said Association has been formed to look after the service interest of the employees of the different Zila Parishad who are the members of the Association. Petitioner No. 2 in C.W.J.C. No. 8583/05 is a Zila Parishad employee and member of petitioner no. 1 Association who was made to retire on 31.7.05 on attaining the age of 58 years. Petitioner of C.W.J.C. No. 7598 of 2006 earlier served the Zila Parishad as its District Engineer and is said to have superanuated from the said post on 31.7.05 on attaining the age of 58. years. He is also the member of the aforesaid Association.

(3.) WITH reference to Rule 5 of the aforesaid Rules as also the option exercised by each of the employees of the Zila Parishad within the time granted under Rule 5 it was submitted by learned counsel for the petitioners that once the State Government has issued resolution dated 24.3.2005 extending the age of superanuation of its employees the same should apply even to the employees of the Zila Parishad as they are bound by the same service condition which is applicable to the State Government employees. Ignoring the said resolution petitioner no. 2 of C.W.J.C. No. 8583. of 2005 and petitioner of the C.W.J.C. No. 7598 of 2006 were made to retire after 24.3.2005 before they reached the age of 60 years and the action of the concerned Zila Parishad to retire them is contrary to the service conditions applicable to the employees of the Zila Parishad by virtue of Rule 6 of the rules and the option exercised by them earlier.