IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7196 of 2008 DEONANDAN PASWAN & ORS Versus THE STATE OF BIHAR & ORS ----------- 4 21.08.2008 Heard learned counsel for the petitioners and the State. Petitioner has been made to retire from 31.07.2008 on reaching the age of 58 years in terms of the order dated 04.07.2008 communicated to him. Petitioner asserts that in view of a decision taken by the State Government and communicated by the Secretary, Department of Co-operative dated 15.05.2006, the Co-operative Societies have freedom to enhance the age of retirement in the given situation. But a Division Bench of this Court in LPA 752 of 2007 with analogous cases vide order dated 27.11.2007 has held that the order of the Secretary is not an order of State Government under section 66B of the Bihar Co-operative Societies Act. That being so, then the decision taken by the respondent Bank to enhance the age of retirement communicated by the Registrar, Co-operative Societies on 2 22.06.2005 as contained in Annexure – 2 now requires reconsideration under Rule 33 of the Bihar Co-operative Societies Rules. The writ application is disposed of with the above direction upon the respondent Registrar, Co-operative Societies that he shall exercise his power and take a decision with regard to the communication dated 22.06.2005 made to him by the Managing Director of the Bank. A decision in this regard will be taken and communicated to the respondent Bank within 8 weeks from the date of communication/production of the copy of this order. The decision of the Registrar, Co- operative Societies shall govern the future course of action with regard to the petitioner’s claim of enhancement of age of retirement. The writ application is disposed of with the above direction. Rajeev/- (Ajay Kumar Tripathi, J.)