JAI NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) IN these batch matters, the sole question for decision is whether the employees working under the Bihar State Housing Board would superannuate at the age of 60 years or at the age of 58 years. The question to be decided is whether the amendment which has been brought out by the State Government in Rule 73 of the Bihar Service Code making the age of retirement to be 60 years in the case of its employees is also applicable to the employees of the Housing Board or not?

(3.) AFTER coming of the ordinance and the creation of the entity known as the 'Housing Board ', the Board held its first meeting on 21.9.1972. It was resolved that until the Board frames its own Rules and Regulations laying down the service condition etc. for its employees the provisions of Bihar Service Code and other Rules would be applicable with respect to the employees who were working under the newly constituted body. One of the reasons could be the immediate need for rules to govern and the other since a lot of employees were placed under the jurisdiction of the Housing Board originally belonged to the State of Bihar and were working as such under the so -called Housing Department of the State of Bihar. This adoption of resolution was duly ratified by the State Government vide its letter dated 25.2.1976 under the so -called exercise of powers under Sec. 115(3) of the said Ordinance wrongly described as an Act in the affidavit of the Housing Board.