IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13398 of 2008 Jitendra Nath Verma, son of late Kapil Dev Narayan, resident of Navin Cinema Road, Hajipur, P S – Hajipur, District – Vaishali -Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Department of Social Welfare, Government of Bihar, Old Secretariat, Patna 3. The Director, Directorate of ICDS, Department of Social Welfare, Government of Bihar, Indra Bhawan, Ramcharitra Singh Path, near Bailey Road Railway Crossing, Patna -1 4. The Child Development Project Officer, Bidupur, District – Vaishali 5. The Managing Director, Bihar State Handloom, Powerloom and Handicrafts Development Corporation Ltd, Patna -Respondents ----------- 2 17.08.2009 Learned counsel for the State is present. The learned counsel for the Bihar State Handloom and Handicraft Corporation fairly states that the Corporation had not made its own service Rules. It had adopted the Bihar Service Code and made it applicable to its employees. He further fairly concedes that no sooner Rule 73 of the Bihar Service Code was amended by the State Government extending the age of superannuation of employees from 58 to 60 years, that benefit would automatically accrue to the employees of the Corporation. He also very fairly states that the Corporation is a defunct organisation. A winding application has been filed before the learned Company Judge of this Court for winding up of the Corporation. However, most of the employees have been deputed to other State organisations/departments. The winding application before this Court, in terms of the Companies Act which is voluntary winding up, is yet to be admitted by this Court. On behalf of petitioner, it is submitted that if age of superannuation is increased, petitioner would get automatic 2 increase in service period in the department where he is deputed. In my view, in view of the fair stand taken by the learned counsel for the Corporation, there is no dispute left to be adjudicated by this Court. No sooner Bihar Service Code was amended, the employees of the Corporation ipso facto became entitled to extended age of superannuation with all necessary consequences. It is, thus, held that petitioner, who is working presently in the Child Development Project Office in the district of Vaishali, would continue to work as such till he attains the age of 60 years. This will not come in way of the respondent-State in absorbing the services of the petitioner if they are so advised. With these observations, the writ petition is disposed of. M.E.H./ (Navaniti Prasad Singh)