IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.830 of 2008 1. THE STATE OF BIHAR 2. THE COMMISSIONER, DEPARTMENT OF FINANCE, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, TREASURY AND ACCOUNT DIRECTORATE, GOVT. OF BIHAR, PATNA. 4. THE SPECIAL SECRETARY, DEPTT. OF FINANCE, GOVT. OF BIHAR, PATNA. -APPELLANTS Versus 1. KRISHNA KUMAR, S/O SURYA NARAIN, R/O VILLAGE-PAKARI BARAWA, P.S. PAKRI BARAWA, DISTRICT-NAWADA. -PETITIONER-RESPONDENT 2. THE MANAGING DIRECTOR, BIHAR STATE SUGAR CORPORATION, PATNA. 3. THE TREASURY OFFICER, RANCHI. 4. THE GENERAL MANAGER, BIHAR STATE SUGAR CORPORATION FOR GURARU SUGAR MILL AT GURARU, P.S. GURARU, DISTRICT-GAYA. -RESPONDENTS-RESPONDENTS 6 23.04.2009 The writ petitioner was an employee of the Bihar State Sugar Corporation. On account of poor condition of the several instrumentalities of the State of Bihar and its Corporation a decision was taken on 6.6.1996 by the Finance Department that in such of the State Corporations where Accountants were available they should be accommodated in the Treasury offices of the State Government till such time that a decision on their appointment or absorption in the cadre of Treasury Officer was not taken. The qualifying conditions 2 were that all such employees should be graduate and they should have experience of five years of Accounts works and that on the date of issuance of the order they should not be more than 45 years of age. In pursuance thereof followed the communication of the State Government in the Finance Department dated 14.3.1997 which includes the names of the employees of the State instrumentalities. The name of the writ petitioner figured at serial no.88 of the list of Bihar State Sugar Corporation. Managing Director of the Corporation was directed to release such employees within a period of one week. Writ petitioner wrote the Managing Director of the Corporation to release him to join in accordance with the Government direction and his arrears of salary may be paid by the Corporation. Merely because Managing Director delayed to release the petitioner it cannot be stated that petitioner can not be taken that by that time he crossed the age of 45. The contention was considered by the learned Judge and finally it was observed as follows: “The respondent State of Bihar is directed to take appropriate decision with regard to placement/posting of the petitioner in accordance with its own policy decision for absorption of the petitioner in terms of its own policy decision. Let such decision be taken by the State Government 3 within a maximum period of one month from the date of receipt and/or production of a copy of this order. The petitioner shall be at liberty to file a representation with regard to his claim for arrears of wages. If the petitioner files any such application the respondent State shall be at liberty to hold an enquiry thereupon and pass appropriate orders in accordance with law at its discretion within two months of the date of submission of such representation.” In the circumstances, the learned Judge allowed the writ application and quashed the impugned Annexure with the above directions. We agree with the above direction. In the facts and circumstances of the case, we see no ground to interfere with the impugned order under appeal. The appeal is disposed of as above. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad