IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4313 of 2011 Bihar State Electronics Corporation Employees Association having its Registered office situated at Beltron Bhawan, Shashtri Nagar, Patna being represented through its General Secretary Sri Arun Kumar aged about 45 years s/o Maheshwar Singh, resident of village Sarya post office Sikandar pur police station Sakurabad-Jehanabad …Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Principal Secretary, Department of Information Technology, Govt. of Bihar, Patna 3. The Principle Secretary, Finance, Govt. of Bihar, Old Secretariat, Patna 4. The Deputy Secretary, Department of Information Technology, Govt. of Bihar, Patna 5. The Manager (Marketing) cum-Secretary Bihar State Electronics Development Corporation Ltd. Shashtri Nagar, Patna. 6. Managing Director, Bihar State Electronics Development Corporation Ltd. Shashtri Nagar, Patna. …Respondents For the petitioner :Mr. Ajit kumar & :Mr. Avinash Kumar For the State :Mr.Sunil Kumar Mandal SC 24 & : DR. Abdus Shakoor Ac to SC 24 For BELTRON : Mr. Sourendra Pandey & : Mr. Nalin Vilochan Tiwary ----------- 04. 18.08.2011 Petitioner is the registered Association formed by the members of the Bihar State Electronics Development Corporation (for short ‘the Corporation) and is represented by its General Secretary. They have filed the present application seeking appropriate writ/direction upon the official(s) of the Respondent-State as well as the Respondent-Corporation to enhance the age of superannuation of the employees of the Corporation from 58 years to 60 years. There is no dispute between the parties that the Respondent-Corporation adopted the rule governing the service conditions of the employees of the State 2 Government. There is also no dispute that the State Government by resolution issued in 2005 enhanced the age of superannuation of its employees from 58 years to 60 years. Parties are in agreement that the State Government came out with a policy decision contained in letter bearing memo no.1449 dated 7.12.2009 (Annexure-2), whereby it was resolved that the case of the employees of such Corporation shall be considered for enhancement of the age of superannuation from 58 years to 60 years which is/are running in profit since last five years and has cleared its/their accumulative loss earned by the Corporation(s). It is the stand of the petitioner that the Corporation in question is now earning profit and there is no accumulative loss which has already been cleared. Diverse documents have been brought on record in support of the aforesaid stand including the report of the Accountant general (Annexure-7 series of the supplementary affidavit). There is also no dispute that earlier the Respondent- Corporation had approached the State Government for according permission to enhance the age of superannuation of its employees from 58 years to 60 years which was refused. It appears from perusal of the letter dated 11.03.2011 issued by the Managing Director of the Corporation and addressed to the Principal Secretary of the concerned department of the Govt. of Bihar (Annexure-6) 3 that the Respondent-Corporation, in the light of the aforesaid facts, has already requested the Government for according permission for enhancing the age of superannuation of the employees of the Corporation from 58 years to 60 years. Learned counsel for the petitioner submits that the said request of the Corporation has not been considered by the competent authority of the Respondent-State in the light of the policy decision taken by the Government (Annexure-2). He submits that the matter may be disposed of by directing the authority of the Respondent-State to take appropriate decision on the said request of the Respondent-Managing Director of the Corporation. Learned counsel for the State in the light of the aforesaid stand taken by the petitioner contends that if the Respondent-Corporation qualifies in terms of the policy decision (Annexure-2), then the officials of the Respondent- State are required to take a decision in accordance therewith. Having heard the submissions made on behalf of the parties and on perusal of materials on record, this court is satisfied that the present application be disposed of by the following order: Let the respondents, particularly, respondents 2 and 3 consider the said request of the Managing Director as contained in Annexure-6 4 and take a decision in accordance with law as quickly as possible preferably within eight weeks from the date of production/receipt of a copy of this order hr ( Kishore K. Mandal )