LAKHAN LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioners.

(2.) IN this batch of writ petitions the prayer of the petitioners is that they should not be superannuated from service till they reach the age of 60. Some of them have already superannuated in accordance with the existing rules, while the others are to superannuate shortly. Their case is that an agreement was reached between the State of Bihar and the representatives of its employees on 16th January, 1998 and the State of Bihar had promised to extend the age of superannuation. The aforesaid agreement has been annexed as Annexure -1 to the writ petitions. There is no clear statement in the agreement that the age of superan -buntion shall be increased. In CWJC No. 6130 of 1998 Counsel placed reliance upon Clause (7) of the agreement said to have been executed by and between the State of Bihar and the Central Co -ordination Committee of the Teachers, Employees and Officers, and the Joint Front of some of the Govt. Employees, which provides that in future the employees shall be paid salary and allowances etc. on the pattern of the Central Government. This agreement does not make any reference to the age of superannuation which admittedly, according to the rules is 58. I, therefore, find that there is nothing in the agreement which has any relevance to the age of superannuation.

(3.) THE terms and conditions of service are contained in the Bihar Service Code which is framed under proviso to Article 309 of the Constitution of India. As long as the rules are not amended, there can be no alterations of the terms and conditions of service. The mere fact that there was some agreement between the representatives of the State of Bihar and various workers '/officers' union will not make any difference. Apart from the fact that those agreements do not refer to any change as regards the age of superannuation they cannot operate by their own force in absence of amendment of the rules. This Court will not, in exercise of its writ jurisdiction, enforce an agreement of the nature arrived at between the parties which is not in consonance with statutory rules. Because very often such agreements are disputed. In any event, till such time as the service rules are not amended, the age of superannuation of the employees of the State of Bihar will remnin 58, and cannot be enhanced to 60, as claimed by the petitioners.