IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11208 of 2009 SUBEDAR SINGH, SON OF LATE RAM DAHERI SINGH, RESIDENT OF VILLAGE- SONIAWAN, P.S.- EKANGARSARAI, P.O.- KHUSHALPUR, DISTRICT- NALANDA AT PRESENT RESIDING AT YARPUR, RAJPUTANA P.S.- GARDANIBAGH, DISTRICT- PATNA . Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, INDUSTRY DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE BIHAR STATE PHARMACEUTICAL AND CHEMICAL DEVELOPMENT CORPORATION THROUGH ITS MANAGING DIRECTOR, A BLOCK FIFTH FLOOR MAURYA LOK COMPLEX, PATNA. 3. THE MANAGING DIRECTOR, BIHAR STATE PHARMACEUTICAL AND CHEMICAL DEVELOPMENT CORPORATION, A BLOCK FIFTH FLOOR, MAURYA LOK COMPLEX, PATNA ----------- 3. 12.07.2010. Counsel for the State has filed counter affidavit placing on record the decision of the State Government contained in letter dated 21.11.2008 (Annexure-R1/A), whereunder it has been decided to extend the age of superannuation of the employees of such Corporation which are earning profit for period exceeding last five years. 2. Heard learned counsel for the petitioner, State and the Bihar State Pharmaceutical and Chemical Development Corporation (hereinafter referred to as the “Corporation”). 3. Petitioner has filed this writ application for a direction to the Corporation to extend the age of retirement of its employees from 58 to 60 years. 4. Aforesaid prayer is being opposed by the Corporation with reference to the decision of the Board of Directors taken in its 88th meeting held on 27.7.2007, whereunder it was resolved not to extend the age of its employees from 58 to 60 years as the Corporation is not able to earn profit. 5. In view of the decision of the Corporation dated 27.7.2007 I do not see any merit in the writ petition which is dismissed but before parting with this case I must notice the submission of the learned counsel for the - 2 - petitioner that during the hearing of the writ petition filed by Nageshwar Maharaj, another employee of the Corporation, learned counsel for the Corporation ignoramus of the decision of the Corporation taken in its 88th meeting conceded before this Court on 24.7.2009, Annexure-5 that the case of Nageshwar Maharaj be also disposed of in the light of the judgment of the Division Bench passed in the case of employees of the Bihar State Food and Civil Supplies Corporation Ltd., reported in 2008(1) PLJR 579, wherein this Court directed that the employees of the Bihar State Food and Civil Supplies Corporation Ltd. shall superannuate at the extended retirement age of 60 years. Aforesaid concession recorded on 24.7.2009, Annexure-5 being ignoramus of the resolution of the Corporation taken in its 88th meeting dated 27.7.2007, as such, the Corporation should pass appropriate orders in the case of Nageshwar Maharaj as well forthwith, albeit after notice to him. P.K.P. (V.N.Sinha,J.)