SHIV KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the Letter No. 4904 dated 9.10.06 (Annexure -4) issued under the signature of the Secretary, Department of Forest and Environment, Government of Jharkhand whereby the said authority has stayed operation of the decision taken by the Parshad Mandal of the Jharkhand State Pollution Control Board, Ranchi in its 12th meeting dated 28.7.06 by which the age of superannuation of its officers and employees was enhanced from 58 years to 60 years in accordance with the Resolution No. 5826 dated 26.10.04 of the Department of Personnel Administrative Reforms and Rajbhasa, Government of Jharkhand. The petitioner has also prayed for quashing the Notification No. 385 dated 22.1.06 (Annexure -18) issued during the pendency of the writ application under the Signature of the Deputy Secretary, Department of Forest and Environment, Government of Jharkhand, whereby the decision taken by the Jharkhand State Pollution Control Board vide its Notification No. 38 dated 28.8.06 by which the age of superannuation of the officers and employees of the Board had been raised form 58 years to 60 years, has been set aside.

(2.) ACCORDING to the petitioner, by the impugned order (Annexure -4), his date of retirement has been shifted down from 4.1.2009 to 4.1.2007 which is highly prejudicial and injurious to him. The petitioner was posted as the Member Secretary, Jharkhand State Pollution Control Board (hereinafter referred to as 'the Board' for short). It has been stated that his date of birth is 4.1.1949 and would attain 60 years of age on 4.1.2009. It has been stated that by the resolution communicated vide Memo No. 5826 dated 26.10.04 issued by the Personnel Administrative Reforms and Rajbhasa Department, Government of Jharkhand, the age of retirement of the government employees was enhanced from 58 years to 60 years. The copy of the said resolution was forwarded to all concerned including the said Board. In its 12th meeting of Parishad Mandal dated 28.7.06, the Jharkhand State Pollution Control Board, inter alia, decided to enhance the age or retirement of the officers and employees of the Board from 58 years to 60 years following the said resolution of the Government of Jharkhand dated 26.10.04. The said decision of the Board was implemented by Notification No. 38 dated 28.8.06. It has been stated that though the Secretary, Department of Forest and Environment, Government of Jharkhand is the Member of the Board, he did not participate in the said meeting, but one Sri Subhash Chandra Sinha, Deputy Secretary of the said Department, represented him. The decision for enhancing the age of the officers and employees of the Board was unanimously taken by all the Members including the said Sri Subhash Chandra Sinha. Rule 36 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the said Act) provides that five members of the Board shall constitute quorum of any meeting of the Board. In the said 12th meeting more than five members had participated and the quorum was complete. The decision taken by the majority votes of the present members is in accordance with the Rule 35 of the said Act. It has been further stated that 'the Board' is an autonomous body and any resolution taken by the majority votes in a meeting constituting due quorum is perfectly legal and in accordance with the statutory rule. The State Government has no power to interfere with the decision of the Board, except in certain matters which are specifically envisaged in the said Act. It has been submitted that the Secretary, Department of Forest and Environment, Government of Jharkhand vide his Letter No. 4904 dated 9.10.06 (Annexure -4) arbitrarily raised an objection contending that the Jharkhand State Pollution Control Board cannot enhance the age of superannuation of its officers and employees from 58 years to 60 years. By the said letter, the Secretary also stayed operation of the decision taken by the Board in its 12th meeting dated 28.7.06. It has been submitted that the Secretary to the Department of Forest and Environment, Government of Jharkhand is only a member of the Board and he has got no authority to interfere with the decision of the Board or to pass an order staying operation of the Board's decision. Although the assets and liabilities of the Jharkhand State Pollution Control Board and Bihar State Pollution Control Board have not been apportioned till date, Jharkhand State Pollution Control Board has been legally constituted w.e.f 9.9.2001 which was approved by the Union of India, Ministry of Home Affairs by letter dated 4.12.01 and it has been functioning within the territorial jurisdiction of the State of Jharkhand from its very inception and the officers and employees are working under the said Board. The Board has got authority to take such decision. It has been submitted that all the schemes, rules, law, notifications of the Bihar State Pollution Control Board have been adopted by the Jharkhand State Pollution Control Board. No service rule/condition has been framed by the Board of its own. But the Board in its 10th meeting held on 29.12.05 took a decision to adopt the terms and conditions of service of the employees/officers of the State Government for its employees/officers. In view thereof, the decision was taken by the Board vide its Notification No. 38 dated 28.8.06 whereby the age of superannuation of the officers and employees of the Board was enhanced from 58 years to 60 years.

(3.) THE state -respondents contested the writ application by filing their counter affidavit as well as making oral submissions. In the counter affidavit filed on behalf of the respondent Nos.1 -3, it has been, inter alia, contended that the Jharkhand State Pollution Control Board (J.S.P.C.B) was constituted in compliance of the order of this Court dated 20.8.01 passed in C.W.J.C No. 2792/1998(R) which is comprised of five Regional Offices of the Bihar State Pollution Control Board located at Dhanbad, Ranchi, Hazaribagh, Jamshedpur and Deoghar failing within the territorial jurisdiction of the newly created State of Jharkhand. The J.S.P.C.B has not created any post for appointment of employees and officers and all the employees and officers of the said Board are of the Bihar Sate Pollution Control Board. The petitioner is a Senior Environment Engineer and has been working as the Member Secretary, Jharkhand State Pollution Control Board in addition to his own duties, by way of the stop gap arrangement till the appointment of a regular Member Secretary. It has been stated that the age of superannuation of the employees of J.S.P.C.B is 58 years and the J.S.P.S.B has no authority to enhance the age of superannuation without any approval by the Government of Jharkhand as required under Section 12(4) of the Water (Prevention and Control of Pollution) Act, 1974. It has been stated that as per the provisions contained in Section 12(4) of the said Act, any regulation made by the Jharkhand State Pollution Control Board with regard to the service conditions of its employees and officers cannot take effect unless it is approved by the Government of Jharkhand. In the instant case the regulation made by the Board with regard to the enhancement of the age of superannuation of its employees has not been approved by the Government of Jharkhand. Without approval of the same by the State Government, the said decision cannot be made applicable and as such operation of the same was stayed by the State Government by its Letter No. 4904 dated 9.10.06 (Annexure -4) which has been subsequently set aside by its decision being Notification No. 385 dated 22.1.07 (Annexure -18) and that there is no arbitrariness and illegality in the impugned orders.