IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7756 of 2005 RAMESHWAR CHOUDHARY S/O LATE CHANDAR CHOUDHARY, R/O VILLAGE BEHRAWA KACHAK, P.S. PUNPUN, DIST. PATNA ………….Petitioner Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, DEPARTMENT OF FINANCE, BIHAR, PATNA 3. THE ADDL. SECRETARY TO THE GOVERNMENT OF BIHAR, PATNA 4. THE CHAIRMAN-CUM-MANAGING DIRECTOR, BIHAR, STATE FOOD AND CIVIL SUPPLY CORPORATION LTD. SONE BHAWAN, 5TH FLOOR, BIRCHAND PATEL PATH, PATNA 5. THE ADMINISTRATOR-IN-CHIEF, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD. SONE BHAWAN, 5TH FLOOR BIRCHAND PATEL PATH, PATNA ………….Respondents ----------- ----------- For the Petitioner : Mr. Bishnu Kand Dubey Adv. For the Respondent Corp. : Mr. R.S. Pradhan Sr. Adv. : Mr. A.N. Rai Adv. ------------ 4. 21.06.2011 The instant writ petition has been filed seeking quashing of the order dated 9.6.2005 passed by the Respondent no.5 (Annexure-4), whereby the petitioner was made to superannuate with effect from 30.06.2005 on completion of 58 years of age and for consequential relief. It has been submitted by the learned counsel appearing for the petitioner that the age of superannuation in respect of the State Government employees was extended from 58 years to 60 years in terms of letter dated 24.3.2005 forming Annexure No. 1 to the writ petition. It further appears that as far back as on 21.5.1973 the respondent corporation had taken a 2 resolution that the provisions of the Bihar Service Code, Financial Rules etc. would also govern the employees of the corporation until such time as separate rules etc. were framed by the corporation. It transpires, however, that no independent rules have yet been framed by the corporation in regard to the age of superannuation etc. and as such, the Bihar Service Code continues to apply in relation to the corporation as well. It has further been pointed out that in L.P.A. No. 829 of 2007 and connected cases, relief has been granted by a Division Bench by this Court in respect of the employees of the instant corporation, retiring between 24.3.2005 and 29.7.2006. The corporation was directed to pay the salaries payable to those employees treating them to have served until the age of 60 years. This matter was carried in S.L.P. before the Supreme Court unsuccessfully. So also, a Review Petition and a Curative Petition there against stood dismissed. Learned counsel for the petitioner also relies upon a decision of this court in L.P.A. No. 850 of 2009 involving the case of employees of the instant corporation who were also retired in between 24.3.2005 and 29.7.2006. This case was also disposed of in favour of the employees of the corporation. Learned counsel appearing for the respondent 3 corporation very fairly submits that the facts of the instant case are well covered and similar to those involved in the aforesaid two L.P.A. cases. It has been pointed out that L.P.A. No. 850 of 2009 has been made the subject matter of S.L.P. which is pending before the Supreme Court. It is a well settled principle that mere filing of an appeal does not automatically negate the operation of the order impugned. As such, until such time as the decision of the Division Bench of this court in L.P.A. No. 850 of 2009 is not upturned by the Supreme Court, the same will continue to have effect and mere pendency of the S.L.P. would not come in the way of granting relief to the petitioner. As already pointed out above, the decision in L.P.A. No. 829 of 2009 has also attained finality. Respectfully following the decisions in L.P.A. No. 829 of 2007 and analogous cases as also L.P.A. No. 850 of 2009, it is held that the petitioner will be treated as superannuating at the age of 60 years with all financial and other consequential benefits. With these observations, the writ petition is allowed. Fahad. ( Vikash Jain, J.)