BIHAR STATE PHARMACEUTICAL & CHEMICAL DEVELOPMENT CORPORATION EMPLOYEES UNION Vs. BIHAR STATE PHARMACEUTICAL & CHEMICAL DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the Respondent - Corporation.

(2.) THE writ application has been preferred by the Employees Union of the Bihar State Pharmaceutical & Chemical Development Corporation Ltd. The relief sought for is for enhancement of the age of superannuation of its employees from 58 to 60 years. Learned counsel for the petitioner submits that the Corporation through its Board of Directors took a policy decision on 22.4.1978 that till such time that the Corporation did not frame its own Rules and Regulations, that of the Government of Bihar shall be adopted. He submits that the State Government vide notification dated 24.3.2005 has taken a policy decision to enhance the age of superannuation from 58 to 60 years. Directions have been issued for necessary modification under Rule 73 of the Bihar Service Code accordingly. He submits, therefore, that no sooner that the State Government enhanced the age of superannuation, in absence of any Regulations of the Corporation to the contrary, by virtue of the decision of the Board of Directors of the Corporation dated 22.4.1978, the enhanced age of superannuation in the Corporation automatically stood adopted with effect from 24.3.2005.

(3.) THE next submission on behalf of the petitioner is that even if the contention of the respondents of financial stringency be correct and which fact the petitioners also acknowledge, yet if the benefit of the enhanced age of superannuation is given to the petitioners, they shall become entitled to certain monetary emoluments compensatory in nature to be paid by the State Government in pursuance of certain orders of the Supreme Court in the case of Kapila Hingorani Vs. State of Bihar, reported in 2003(3) PLJR (SC) 17.