IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5588 of 2009 PRABHAT KUMAR ISSAR Versus BIHAR STATE CONSTRUCTION CORPN ----------- 2 4.5.2009 Heard learned counsels for the petitioner, for the Bihar State Construction Corporation Ltd and for Bihar State Food and Civil Supplies Corporation Ltd. The petitioner is stated to be an employee of the Bihar State Construction Corporation, on deputation on contract basis with the Bihar State Food & Civil Supplies Corporation Ltd. The issue in the present writ application is confined only to the limited question as to what shall be the age for superannuation of the petitioner in the Bihar State Construction Corporation, whether it shall be 58 years or 60 years. Counsel for the petitioner places reliance on an order of this Court in CWJC No. 16333 of 2006 disposed on 18.3.2009 in respect of another, an employee of the Bihar State Construction Corporation on deputation else where holding that he shall superannuate at the age of 60 years as an employee of the Bihar State Construction Corporation Ltd. Counsel for the Bihar State Construction Corporation Ltd. Submits that he has no objection to the 2 disposal of the writ application in terms of CWJC No. 16333 of 2006. At this stage learned Counsel for the petitioner submits that the petitioner apprehends that if the Bihar State Food & Civil Supplies Corporation Ltd.was to return his services to the Bihar State Construction Corporation Ltd, the petitioner may be deprived of salary as the health of the Bihar State Construction Corporation Ltd. was not good. The issue in the present writ application is not with regard to the deputation on contract. There is no material on record for this Court to decipher the terms of the contract. No relief on that account has been prayed for. What is urged on behalf of the petitioner is a simple misapprehension. In any event of the matter, as long as petitioner is an employee on the roll of the Bihar State Construction Corporation Ltd., it shall be the duty of the Corporation to either find engagement for the petitioner otherwise or to pay salary to the petitioner. The obligation of the Corporation to pay salary is a statutory and constitutional obligation. The writ application stands allowed in similar terms as CWJC No. 16333 of 2006. A.Kumar (Navin Sinha, J.)