PHULCHAND MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner was an employee of erstwhile Bihar State Forest Development Corporation Ltd., which is a Corporation under the Companies Act, 1956, for which a certificate of registration was issued on 10th February, 1975. The said Corporation has its own Articles of Association. The Bihar State was carved out and a new State i.e. State of Jharkhand was created on 15th November, 2000 and therefore, the employees who were working in the territory of State of Jharkhand were made to continue to serve in the State of Jharkhand and thereafter the State of Jharkhand constituted the Jharkhand State Forest Development Corporation Ltd. on 23.3.2002. After formation of this Corpora-tion-JSFDC, in the year 2005 an order was issued under the signature of Chief Conservator of Forest-cum-Managing Director, JSFDC vide office order No. 53 dated 30th September, 2005 providing benefit to its employees of enhancement of the age of superannuation from 58 years to 60 years. The petitioner was to attain the age of 58 years on 31st October, 2005 but, according to the petitioner, before this on 30th September, 2005 abovesaid the decision was taken to enhance the age of retirement from 58 years to 60 years and therefore, petitioner could have been made to superannuate only on attaining the age of 60 years and not on attaining the age of 58 years. The petitioner, therefore, continued in service and performed his duties till first week of May. 2006. However, the aforesaid order of enhancement of age of superannuation of 58 years to 60 years was recalled vide order dated 17th February, 2006 and in consequence thereof an order/letter dated 6th May, 2006 was issued by Divisional Manager, Minor Forest Produce Project Division, Garhwa, by which the petitioner had been directed to be superannuated on attaining the age of 58 years. Therefore, petitioner preferred this writ petition being W.P.(S) No. 3057 of 2006.

(2.) The petitioner's writ petition has been dismissed on the ground that the Board of Director of the Bihar State Forest Development Corporation in 96th meeting held at Patna took a decision on 13th July, 2005 with regard to the age of retirement of employees at the age of 58 years. However, the learned single Judge observed that so far Bihar State Forest Development Corporation or Jharkhand State Forest Development Corporation are concerned, they are the Corporations and the employees of these Corporations are governed by the Service condition framed by the Board of Directors of the Corporations and they are not the State Government employees and their service condition shall not be governed by the Jharkhand Service Code or Bihar Service Code, The learned single Judge held that the policy decisions are taken by the Board of Directors of the Corporation and in both the Bihar State Forest Development Corporation and Jharkhand State Forest Development Corporation, the age of retirement of the employees is 58 years. In view of the above reasons, the writ petition of the petitioner was dismissed.

(3.) Learned counsel for the petitioner-appellant submitted that the petitioner was employee of erstwhile Bihar State Forest Development Corporation and after creation of new State, the State of Jharkhand, he continued in service in the State of Jharkhand as per the Bihar Reorganization Act, 2000. Thereafter, new Corporation i.e., Jharkhand State Forest Development Corporation was constituted and his services continued under the new Corporation. Before his retirement a decision was taken even by the Jharkhand State Forest Development Corporation vide office order No. 53 dated 30th September, 2005 providing the benefit of enhancement of age to 60 years. However, that order of enhancement of age was recalled vide order dated 17th February, 2006 but the learned Single Judge, has not taken note of the fact that as per the Memorandum of Association of Jharkhand State Forest Development Corporation Ltd. Itself, even after giving powers to the Directors under Clause 57, specifically it has been provided under, sub-clause (v) of Clause 57 that until the Corporation makes its own regulation for appointment, retirements, removals and the other terms and conditions, including matters connected with the services shall be regulated in accordance with the provisions of Jharkhand Civil Services Rules, Jharkhand Civil Servants (Classification, Control and Appeal) Rules, 1956, Government Servant Conduct Rules, Recruitment Rules and other Services Rules and Regulations in force in the State of Jharkhand from time to time. It is submitted that neither the Bihar State Forest Development Corporation nor the Jharkhand State Forest Development Corporation have framed any regulation and therefore, in view of the proviso to sub-clause (v) of Clause 57 of the Memorandum of Association, the petitioner was governed by the service condition as prescribed for the State employees. It is submitted that State of Jharkhand already took a decision on 26th October, 2004 to increase the age of retirement from 58 years to 60 years to its employees and in consequence thereof, automatically the petitioner's age of retirement stand 60 years. It is submitted that even if the Board of Directors have taken any decision then that decision is contrary to the specific provisions made in the Memorandum of Association itself and general power of the Board of Directors cannot frustrate the specific provisions made in the Memorandum of Association itself.