LAWS(JHAR)-2016-8-48

RAM LAKHAN SHAH Vs. THE STATE OF JHARKHAND

Decided On August 12, 2016
Ram Lakhan Shah Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner, in this writ application, has prayed for a mandamus directing the respondents to enhance the age of superannuation from 58 years to 60 years, in respect of the employees of the Jharkhand Area Lift Irrigation Corporation (herein after referred to as ' JHALCO'). He further prays to quash letter dated 07.12.2006, by which he was informed that he will superannuate w.e.f. 31.12.2006.

(2.) In the undivided State of Bihar, Bihar Hill Area Lift Irrigation Corporation Ltd. (hereinafter to be referred to as 'BHALCO'), was a Government of Bihar undertaking, a Company, registered under the Companies Act, 1956. The object of BHALCO was to promote water resources to the cultivators in the hilly area of Chotanagpur and Santhal Pargana. The headquarter of BHALCO was at Ranchi.

(3.) This petitioner was working in BHALCO as an "Amin". After reorganization of the State of Bihar, the newly formed State of Jharkhand in its Cabinet meeting approved the proposal for establishing JHALCO. JHALCO was established as a Company, registered under the Companies Act. The services of the employees of erstwhile BHALCO was taken over by JHALCO. The petitioner opted to join in JHALCO and his joining was duly accepted.