IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3372 of 2010 1. RAMNI MOHAN LAL S/O LATE DOMAN MANDAL R/O BAKERGANJ DALDALI ROAD, P.O.- BANKIPUR, P.S.- KADAM KUAN, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY FINANCE DEPTT. GOVT. OF BIHAR, PATNA 3. THE ADDL. SECRETARY ( EXPENDITURE ) FINANCE DEPTT. GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE PATNA 5. THE SUB TREASURY OFFICER SUB TREASURY, PATNA CITY, DISTT.- PATNA ----------- 2. 15.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is stated to have been appointed originally in the erstwhile Bihar State Leather Industries Development Corporation. It is not in dispute between the Counsels for the parties that the Corporation is no more in existence and has been wound up. The petitioner was sent on deputation to the Patna City Treasury on 16.9.1996 allegedly as submitted on behalf of the petitioner inter alia on account of poor financial condition of the corporation. The issue now concerns the age of superannuation of the petitioner. Whether it would be 58 as alleged on behalf of the respondents reckoning him as an employee of the Corporation or whether it shall be 60 years as applicable to State Government employees. This in turn shall depend on the finding whether he be an employee of the Corporation or the State Government. The crux of the issue is a letter dated 25.1.2010 to that effect with regard to the scheduled age of superannuation of the petitioner as 58 years. The controversy involved is cut short by 2 an order dated 24.4.2007 appended to Annexure 8 to the writ petition which contains a specific decision of the State government for absorption of persons like the petitioner in the State Government and where he is named at serial 49 of the list. If what the petitioner contends is correct and a decision has already been taken in this regard by the State Government, the issue of what his age for superannuation shall be, whether it be the age applicable to the employees of the Corporation or the age applicable to the State Government employees looses its relevance. The decision dated 24.4.2007 absorbs him in the services of the State Government when his age of superannuation shall naturally be 60 years as he becomes a state government employee for all intents and purposes. To this Court, if the order dated 24.4.2007 has not been cancelled, modified or revoked all that is now required is the ministerial act of issuance of a formal order to that effect in so far as the petitioner is concerned. This application is disposed with a direction to the respondent no. 2 to take an appropriate decision with regard to the petitioner in the aforesaid context within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. If the respondent no. 2 proposes to hold that the petitioner is not entitled to the benefit of enhanced age of superannuation he is required to pass a reasoned and speaking order displaying full application of mind including the orders of 3 this Court dealing with such aspect in respect of other Corporations vis a vis Section 73 of the Bihar Service Code, adoption of the same by the Bihar State Leather Industries Development Corporation, the submission that the Corporation was not existent and the fate of the petitioner if he is denied absorption balanced with the duties of a welfare state. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)