IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.100 of 2010 1. SURESH SHARMA S/O SRI RAMDEO SHARMA R/O VILL- KUNDILA, P.O- RATM BAZAR, P.S- JEHANABAD, DISTT- JEHANABAD, AT PRESENT POSTED AS ESTABLISHMENT CLERK, HEAD OFFICE, BIHAR STATE SMALL INDUSTRIES CORPORATION, INDIRA BHAWAN, PATNA Versus 1. THE STATE OF BIHAR 2. THE INDUSTRIAL DEVELOPMENT COMMISSIONER CUM SECRETARY, DEPARTMENT OF INDUSTRIES, BIHAR, PATNA 3. THE DIRECTOR OF INDUSTRIES, BIHAR PATNA 4. THE SECRETARY, FINANCIAL (BUREAU OF POLICE ENTERPRISES), FINANCE DEPARTMENT, BIHAR, PATNA 5. THE SECRETARY, PERSONNAL & ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR, PATNA 6. THE DEPUTY SECRETARY, INDUSTRIES DEPARTMENT, BIHAR, PATNA 7. THE MANAGING DIRECTOR, BIHAR STATE SMALL INDUSTRIES CORPORATION, INDIRA BHAWAN, PATNA ----------- For the petitioner : Mr. Rajendra Kumar Jain, Advocate. For the State : Mr. S.C. 19. For the Corporation : Mr. Umakant Singh, Advocate. ===== 3. 08.02.2010. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Small Industries Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner is aggrieved by the office order of the Corporation bearing Memo No. 733/09 dated 23.12.2009 passed by the Managing Director (Annexure-8 to I.A.No. 259 of 2010), whereunder he has been superannuated on attaining the age of 58 years. 3. Learned counsel for the petitioner has challenged the aforesaid order on the ground that the same is violative of Rule 73 of the Bihar Service Code which inter alia provides for 60 years as the age of superannuation. In this connection it is pointed out by the counsel for the petitioner that the Corporation has adopted the provisions of the Bihar Service Code and is bound by the amendments made thereunder from time to time. Vide resolution of the State Government dated 24.3.2005 Rule 73 of the Bihar Service Code was amended extending the age of retirement from 58 years to 60 years and with effect from the date of the resolution of the Government i.e. 24.3.2005 the Corporation is duty bound to superannuate its employees only on attaining the age of 60 years and not before that. - 2 - 4. Counsel for the Corporation has opposed the aforesaid submissions. He states that true it is that the Corporation has adopted the Bihar Service Code but considering the paucity of funds in the Corporation, the Corporation has taken decision to extend the retirement age of its employees from 58 years to 60 years but such decision is subject to the approval by the State Government and as the State Government has not granted its approval for extension of the retirement age of the Corporation employees, the Corporation is superannuating its employees on attaining the age of 58 years. In this connection he further pointed out that direction of this Court contained in order dated 16.10.2009 passed in C.W.J.C.No. 10355/2009, whereunder similar order superannuating Krishna Kant Lal, an employee of the Corporation at the age of 58 years was quashed by this Court is under challenge in L.P.A.No. 244 of 2010 filed by the Corporation which is pending before this Court and this Court may quash the order dated 23.12.2009, Annexure-8 superannuating the petitioner at the age of 58 years subject to the result of the aforesaid L.P.A.No. 244 of 2010. 5. Having heard counsel for the petitioner and the Corporation and having confirmed the fact that Bihar Service Code has already been adopted by the Corporation which has been amended extending the retirement age from 58 years to 60 years, I set aside office order bearing Memo No. 733/09 dated 23.12.2009, Annexure-8 but the setting aside of the order shall be subject to the result of L.P.A.No. 244 of 2010. In case L.P.A No. 244 of 2010 is dismissed, petitioner shall be entitled to continuity of service with all consequential benefits. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)