NITYA NAND TIWARY SON OF LATE BRAJ BHUSHAN TIWARY Vs. STATE OF BIHAR THROUGH CORNMISSIONCR- CUM-SECRETARY, DEPARTMENT OF CO-OPERATIVE, GOVT.OF BIHAR, NEW SECRETARIAT.PATNA

JUDGEMENT

(1.) THE first writ petition being C.W.J.C. 'No. 16149 of 2008 is in relation to Begusarai District Central Co -operative Bank Limited and the sole petitioner therein has been made to superannuate on 30.9.2008 on completion of age of 58 years. C.W.J.C. No. 16239 of 2008 is in relation to Khagaria District Central Co -operative Bank Limited and the sole petitioner therein has been made to superannuate on 31.10.2008 on completion of age of 58 years.

(2.) THE grievance of both the writ petitioners are that in view of the decision of the Board of Directors of their respective Central Co -operative Banks dated 9.9.2008 the age of superannuation of employees of the Bank having boon extended to 60 years, they have been wrongly made to superannuate on completion of 58 years. Accordingly they pray that their superannuation on completion of age of 58 years be declared invalid and it may further be declared that they are continuing in service and would superannuate on completion of the age of 60. years only and not before. The facts in issue are similar and the issue of law being similar, the two writ petitions with consent of parties have been taken up for hearing for disposal at this stage itseff.

(3.) THE short contention on behalf of the petitioners is that whatever may have been the situation prior to 30.4.2008, on the Bihar Co -operative Societies Act, 1935 having been exhaustively amended with effect from 30.4.2008 by the State Legislature in view of the new provisions which are directed to grant complete autonomy to the Co -operatives including the Central Co -operative Banks, it is now competent for the said Co -operatives to independently take decisions in matters of service conditions of its employees etc. as now provided in Section 44AV of the Act which is contained in Chapter -VID and has an overriding effect on all other provisions of the Act. The amendment gives powers to the Co -operatives themselves. the Co -operative then considering the said power having taken a decision in the matter in its Board of Directors meeting dated 9.9.2008 to extend the age of superannuation of its employees from 58 to 60 years, the said decision cannot be faulted and must be implemented by the Co -operatives. The superannuation of the petitioners as such was not in accordance with law.