IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6065 of 2008 RAM BALLABH LAL, son of Late Tirath Lal Das, Resident of Village, Kharaua, Police Station – Phulparas, District – Madhubani.. … ….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Managing Director, Bihar State Forest Development Corporation, Patna. 3. The General Manager, Bihar State Forest Development Corporation, Patna. 4. The Divisional Manager, Bihar State Forest Development Corporation, Bettiah…… ……. Respondents ******** 03- 16.10.2008 Heard Mr. Prabhas Ranjan for the petitioner, learned JC to Standing Counsel no.23 for respondent no.1, and Mr. Sanjay Kumar Griyaghey for respondent nos. 2 to 4. The petitioner was an employee of the respondent Bihar State Forest Development Corporation and superannuated with effect effect from 28.2.2006, after attaining 58 years of age. The present writ petition has been preferred for a direction to the respondent Corporation to give him the benefit of enhancement of retirement age of 60 years with consequential benefits. The respondent Corporation has placed on record its counter affidavit and has opposed the writ petition. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the State of Bihar raised the age of retirement of its employees from 58 years to 60 years by its order dated 24.3.2005 (Annexure 2), with immediate effect. Copies of the same were forwarded to the instrumentalities of the State Government including the respondent Corporation. The respondent Corporation followed suit and the Board - 2 - of Directors at its meeting held on 30.9.2005, passed the resolution (Annexure 3), enhancing the age of retirement of its employees from 58 years to 60 years. In other words, the Corporation is still in existence. We are unable to appreciate the refusal on the part of the respondent Corporation in granting to the petitioner the benefit of enhancement of age of retirement, and has burdened this Court with a most unwanted matter. 3. Writ petitions at the instance of the employees of the Bihar State Food & Civil Supplies Corporation Ltd. came up before this Court for identical reliefs which were dismissed by a learned single Judge. The appeals at the instance of the employees were allowed by a Division Bench of this Court by order dated 17.1.2008, passed in LPA No.829 of 2007 (Lala Nand Kumar vs. Bihar State Food & Civil Supplies Corporation Ltd.), and the analogous writ petitions, whereby the Bihar State Food & Civil Supplies Corporation Limited was directed to grant to those petitioner the benefit of the enhanced age of retirement with consequential benefits. 4. Writ petitions at the instance of the employees of the present Corporation came up for consideration of this Court. On consideration of various aspects of the matter including the aforesaid judgments of the Division Bench in Lala Nand Kumar vs.BSFCS Corporation Ltd., the writ petitions were allowed by order dated 12.3.2008 (Annexure 10), passed in CWJC No.12886 of 2007 (Kailash Singh vs. Bihar State Forest Development Corporation ), and the analogous writ petition. The case of the present petitioner is - 3 - undoubtedly covered by the aforesaid orders of this Court. 5. In the result, this writ petition is allowed. The petitioner shall be given the benefit of enhancement of retirement at the age of 60 years. In view of the position that he has already attained 60 years of age, he will only be given the money benefit which shall be paid within a period of three months from today, failing which he shall be entitled to interest @ 9% from the dates the amounts became due till the date of payment. The petitioner shall also be paid the arrears of salary, if any, due to him prior to 28.2.2006 with the same terms and conditions. ( S K Katriar ) mrl