IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8180 of 2009 Md. Nemaji son of Late Fulman Mian, resident of Mohalla Alinagar (Anishabad), Police Station Gardanibagh, Post Office Anishabad, District Patna Versus 1. The State Of Bihar 2. Minister of Agriculture, Government of Bihar, Old Secretariat, Patna 3. Agriculture Production Commissioner, Government of Bihar, Old Secretariat, Patna 4. Managing Director, Bihar Rajya Beej Nigam Ltd., Agriculture Far Campus, Mithapur, Patna with CWJC No.2700 of 2009 Ajneshwar Prasad, S/o Sri Ram Rup Saw, Resident of Mohalla Bhadraghat, P.S. Gulgarbag, District Patna Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar 2. The Commissioner cum Secretary, Department of Home, Government of Bihar, Old Secretariat, Patna 3. The Commissioner Cum Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna 4. The Joint Secretary, Finance Department Cum Incharge Bureau of Public Enterprises, Government of Bihar, Patna 5. The Principal Secretary, Agriculture Department, Government of Bihar, Patna 6. The Managing Director, Bihar State Seeds Corporation Limited, Patna 7. The Company Secretariat, Bihar State Seeds Corporation Limited, Patna 07/ 06.07.2010 In response to the observations of this Court made under orders dated 13.10.2009, counsel for the Bihar Seeds Corporation Ltd. has filed supplementary counter affidavit on behalf of Respondents 2 and 4 to the first and second supplementary affidavit filed on behalf of petitioner and with reference to the averments made in the said supplementary counter affidavit, it is submitted by the counsel for the Seeds Corporation that the deputationists serving in the Corporation are also paid the salary and emoluments in the light of the recommendations of the 4th Pay Revision Recommendations and not in the light of the 5th/ 6th Pay Revision Recommendations as is being - 2 - done in the case of the employees of the Corporation. Counsel, however, submitted that in the Corporation deputationists, 35 in number, are still serving and as the superannuation age of the employees of the Corporation to which deputationists belong has already been extended to 60 years, the deputationists shall be allowed to serve the Corporation until they attain the age of 60 years notwithstanding the fact that till date the Seeds Corporation has not taken any decision to extend the age of superannuation of its employees to 60 years. 2. The action of the Seeds Corporation not to extend the age of superannuation of its employees to 60 years and to allow the benefit of the extended retirement age to the deputationists on the ground that the age of superannuation of the employees of the other Corporation(s) to which the deputationists belong has been extended, tantamounts to creating a separate class amongst the employees without there being any tangible differentia to differentiate them from the other employees of the Seeds Corporation appears to be arbitrary violating the provisions contained in Article 14 of the Constitution of India. 3. Accordingly, it is directed that the deputationists serving the Seeds Corporation should also not be allowed to continue in the Seeds Corporation beyond 58 years. 4. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)