ARUN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. Petitioner is permanent employee of Kiul -Badua -Chandan, Command Area Development Agency, Bhagalpur (hereinafter referred as K.B.C., CADA). He is aggrieved by a decision dated 23.8.2006 by virtue of which he had been asked to superannuate from 31.1.2007 on reaching the age of 58 years. His contention is that this decision taken by the respondents has taken away his valuable right to enhanced age of retirement like other Government employees which has been refixed at 60 years by virtue of a decision dated 24.3.2005 which has been brought on record as Annexure - 5 to the writ application.

(2.) THE primary contention of the petitioner is that when K.B.C., CADA came into existence the Board of Agency in its meeting dated 1.6.1983 categorically decided that till the service regulations and rules are framed and approved by the State Government the service condition applicable to the State Government employees shall be applicable to the employees of the respondents. Thereafter no rule or regulation was formulated or notified by the respondents all these years. The respondent agency has been applying the service conditions available to the State Government for its employees.

(3.) THE question therefore arises for consideration by this Court whether the benefit of enhanced age of retirement to employees can be made applicable in such a manner. No doubt the hands of the respondents were forced because of a judicial order passed by this Court in a contempt application but then that cannot be made a ground for making it operational or enforceable only from the date of decision taken in this regard specially in the background the issue of enhanced age of retirement of the employees of CADA has come to be made available to the employees based on a decision taken by the State Government way back on 24.3.2005 and by corresponding amendment in Rule 73 of the Bihar Service Code.