SUBAS CHANDRA GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the respondents and learned counsel for the State.

(2.) ALL these petitioners have been made to superannuate on reaching the age of 58 years. They are permanent employees of Gandak Command Area Development Agency located at Muzaffarpur. The primary contention against the decision of the respondents to retire them at 58 years is that vide a resolution and a decision taken by the State of Bihar in March 2005 coupled with corresponding amendment in Rule 73 of the Bihar Service Code, the age of retirement of employees of the State Government was enhanced to 60 years. These petitioners are also entitled to a similar benefit because the agency when it was created adopted a resolution that till such rules and regulations are put in place, the employees of the respondents would be governed by the Bihar Service Code and such related rules which are applicable to the employees of the State Government. It is not in dispute that despite many a decades the respondents have not been able to put their service regulations and rules in place and the affairs of the respondents have been carried on based on the initial resolution of the Board of Directors adopting the Bihar Service Code as the guiding rule in this regard.

(3.) ALL has not been well with this organization or similarly situated agencies because even the Board of Directors have not been in place for many a years when the resolution enhancing the age of retirement of the employees of the State Government was taken. Some writ applications came to be filed before this Court demanding extension of this benefit to them. Since the agency was not in a position tc decide or accept the enhancement in absence of the Board of Directors, in a contempt application a direction was issued both upon the State Government as well as the various Command Development Agencies to take a decision on the issue of enhancement of age of their employees based.on such development. The Board of Directors were put in place and thereafter a decision has been taken by them to enhance the age of retirement to tnese employees to 60 years. But, there is a hitch and a rider in the decision taken by the respondents. The enhanced age in principle has been made applicable from the date when the Board of Directors have resolved to this effect i.e. 20.4.2007. In other words, a decision to enhance the age is prospective in nature and does not cover such employees who have retired in the meanwhile i.e. from the date the State Government took a resolution in March 2005 till 20.4.2007.