IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8500 of 2005 KAUSHAL KISHORE Versus THE STATE OF BIHAR & ORS ----------- 4 15.7.2008 Heard counsel for the petitioner, Bihar State Co- operative Bank as also counsel for the State of Bihar. 2. Petitioner is aggrieved by the order dated 31.3.2005 whereunder he has been directed to superannuate with effect from 31.3.2005 the date on which he reached 58 years of age as 23.3.1947 is his recorded date of birth. 3. It is submitted on behalf of the petitioner that aforesaid order is contrary to the Resolution of the State Government whereunder retirement age of the government employees has been enhanced from 58 to 60 years with effect from 24.3.2005. It is submitted on behalf of the petitioner that the Bank has also adopted the Bihar Service Code whereunder such amendment has been made enhancing the age of superannuation from 58 to 60 years by amending rule 73 of the Code and the Bank having adopted Bihar Service Code decision taken by the State Government to enhance the date of retirement with effect from 24.3.2005 is equally applicable to the employees of the bank and the - 2 - petitioner whose date of birth is 23.3.1947 should also have been given such benefit. 4. Counsel for the Bank has opposed the prayer. He states that in light of the Resolution of the State Government enhancing retirement age of its employees from 58 to 60 years, the Board of Directors of the Bank also took decision on 21.4.2005 enhancing the age of superannuation of its employees from 58 to 60 years and enhanced retirement age of 60 years is applicable to the bank employees with effect from 21.4.2005 as has been directed by the State Government which is also evident from the order of the Government dated 15.5.2006. 5. Counsel for the petitioner in his rejoinder, however, submits that the Bank having adopted Bihar Service Code decision taken by the State Government on 24.3.2005 should be applicable to the employees of the bank with effect from 24.3.2005 and not from 21.4.2005. 6. Let the petitioner file a representation before the Managing Director of the Bihar State Cooperative Bank who should consider the same in accordance with law and pass an appropriate order as early as possible in any case - 3 - within three months from the date of receipt/production of a copy of this order. This application is accordingly disposed of. shahid (V.N.Sinha, J)