AKHILESH KR.SRIVASTAVA Vs. BIRENDRA SHARMA

JUDGEMENT

(1.) IN all these writ applications the basic relief which the petitioners has sought is to quash the orders by which they were made to superannuate from service from respondent Corporation on reaching the age of 58 years without giving them the benefit of enhanced age of retirement to 60 years. They have sought implementation of the amended Rule 73 of the Bihar Service Code for the employees working under Bihar State Food and Supply Corporation. The petitioners have also sought quashing of the office order no. 506 dated 29.7.2006 by virtue of which the age of retirement for the employees of the Corporation has been extended up to 60 years but from the date of issuance of the order i.e. 29.7.2006.

(2.) ONE thing which must be recorded at the outset is that similar issue was raised by some other petitioners before this Court in the case of Kameshwar Mahto vs. The State of Bihar & Ors. i.e. C. W.J.C. No. 8579 of 2005 and C.W.J.C. No. 6861 of 2005. These writ applications were heard by a Hon ble Single Judge and vide order dated 5.8.2005 the learned Single Judge dismissed the writ applications holding that no direction can be issued upon the respondents Corporation to enhance the age of retirement of its employees to 60 years, since there is no automatic application of amended Rule 73 of the Bihar Service Code. This order however was rendered in the light of an order issued by the Chief of Administration dated 9.7.2005 which was supposed to be a decision of the Board of Directors by virtue of which the request for enhancing the age of superannuation of its employees was turned down.

(3.) BUT the matter has not come to rest and other writ applications have again come up before this Bench with similar kind of reliefs. But one striking part in these writ applications specially in C.W.J.C, No. 1241 of 2006 is that the petitioners have brought additional material on record to demonstrate that the earlier order which is annexure -A to the counter affidavit filed in C.W.J.C. No. 124 of 2006 based on which many employees were retired was no order at all. In this regard notice must be taken of annexure -16 which is a decision taken by the Board of Direcotrs to consider enhancement of age of the employees of the Corporation to 60 years. The decision of the Board to take opinion of the learned Advocate General which is at annexure -14 and the final decision by virtue of which the age of superannuation was enhanced to 60 years from 25.7.2006.