ASHOK KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The five petitioners are the employees of the Bihar State Co-operative and Marketing Union (BISCOMAUN), which is under supersession at present and Administrator has been appointed by the State Government. Their principal grievance is that they apprehend and are being superannuated only on completion of 58 years of age instead of 60 years as had been resolved by the Board of Directors of BISCOMAUN on 2.11.2007. In my view this controversy is no more alive as by judgment and order dated 22.2.2009 passed in CWJC No. 5387 of 2009 this had been set to rest. It has been observed by this Court that the Resolution aforesaid would be effective from the said date and BSCOMAUN could not retire people before that.

(2.) It appears that this order having been brought to the notice of the authority of the BISCOMAUN and order was issued by the Managing Director pursuant to the order of the Administrator, stating that the increasement in age of superannuation would be effective in view of the judgment of this court aforesaid with immediate effect. This is the order dated 30.7.2009 apparently being passed in pursuance of the order dated 22.6.2009 of this Court.

(3.) Learned counsel for the petitioners submits that this order is contrary to the order of this Court because this Court in the writ petition had held that the resolution of BISCOMAUN dated 2.11.2007 is the resolution by which this was to be effective.