ALAMGIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the instant writ application, petitioner has claimed the benefit of enhanced retirement age up to 60 years on the basis of notification of the State Government dated 26.10.2004(Annexure -2) which according to him is applicable to employees of the Jharkhand State Mineral Development Corporation(J.S.M.D.C.) in terms of the minutes of the meeting of the Board of Director of Bihar State Mineral Development Corporation held on 26.8.1972. Petitioner being the employee of J.S.M.D.C attained the age of 58 years on 30.11.2004 and as such claims to be entitled for the enhancement of age applicable to the State Government employees vide Annexure -2.

(2.) RESPONDENTS on the other hand have refuted the contention of the petitioner stating that the J.S.M.D.C being Government company took decision through its Board of Directors dated 20.12.2004 and resolved to enhanced the age of superannuation of the employees of the corporation from 58 years to 60 years made effective from the said date i.e. 20.12.2004. According to the respondents the decision of the Board of Director was sent for approval to the administrative department of J.S.M.D.C. i.e. Department of Mines and Geology which accorded its approval vide memo dated 20.4.2005(Annexure -B) with the condition that the corporation will have to bear the expenses through its own resources.

(3.) COUNSEL for the respondents however indicates by reading the said minutes under item number that the said decision was subject to the approval and implementation with the permission of the department of Mines, Government of Jharkhand and has been taken w.e.f. 20.12.2004 as per the meeting held on 20.12.2004 itself. Respondents have also referred to the decision of the Jharkhand High Court rendered in the case of Paresh Chandra Saha and others Vrs. State of Jharkhand in W.P.S. No. 190 of 2005 wherein it was observed that those employees who retired in between 31.1.2005 and 15.2.2005 shall be deemed to be continuing in service. By referring to the aforesaid observation of the Court the respondents, therefore, submit that even the benefit of enhanced age of 60 years was made effective from the 20.12.2004 and the High Court deemed it proper to allow this benefit to employees who were continuing in interregnum and were supposed to retire before 31.1.2005 and 15.2.2005 awaiting final decision of the State Government.