IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10430 of 2009 BRAJ BHUSAN PRASAD, SON OF LATE MADHO NANDAN PRASAD, RESIDENT OF VILLAGE AND P.O. SHEWRA, P.S. SHAHPUR PATORY, DIST. SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, SCHEDULED CASTES AND SCHEDULED TRIBES WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, BIHAR STATE CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE REGISTRAR, BIHAR STATE CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. BIHAR STATE SCHEDULED CASTES CO-OPERATIVE DEVELOPMENT CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR, MALYANIL BHAWAN BUDHA COLONY, PATNA. With CWJC No.11197 of 2009 RAM BABU RAM, SON OF LATE SAKHICHAND RAM, RESIDENT OF MOHALLA SIPARA, P.S. PHULWARI, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIIONER CUM WELFARE SECRETARY, MINISTRY OF WELFARE, BIHAR, PATNA. 3. BIHAR STATE SCHEDULED CAST CO-OPERATIVE DEVELOPMENT CORPORATION LTD. PATNA, THROUGH ITS MANAGING DIRECTOR, MALYANIL BHAWAN, BUDHA BUDHA COLONY, PATNA. 4. THE SECRETARY, BIHAR STATE SCHEDULED CAST CO- OPERATIVE DEVELOPMENT CORPORATION LTD. PATNA, MALYANIL BHAWAN, BUDHA BUDHA COLONY, PATNA. With CWJC No.11222 of 2009 SUKHDEO BHAGAT, SON OF LATE LATTU DAS, RESIDENT OF VILLAGE LAXMIPUR, P.S. LAXMIPUR, DISTRICT JAMUI. PRESENTLY RESIDING AT GUMTI NO.2, NEAR VISAHARI ASTHAN, MOHALLA BHIKHANPUR, P.S. ISHAKCHAK, DISTRICT BHAGALPUR. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIIONER CUM WELFARE SECRETARY, MINISTRY OF WELFARE, BIHAR, PATNA. 3. BIHAR STATE SCHEDULED CAST CO-OPERATIVE DEVELOPMENT CORPORATION LTD. PATNA, THROUGH ITS MANAGING DIRECTOR, MALYANIL BHAWAN, BUDHA BUDHA COLONY, PATNA. 4. THE SECRETARY, BIHAR STATE SCHEDULED CAST CO- OPERATIVE DEVELOPMENT CORPORATION LTD. PATNA, MALYANIL BHAWAN, BUDHA BUDHA COLONY, PATNA. With CWJC No.10580 of 2009 - 2 - BIHAR RAJYA ANUSUCHIT JATI SAHAHARITA VIKASH NIGAM KARAMCHARI SANGH THROUGTH ITS SECRETARY SRI NAND KUMAR SON OF LATE KUKHIT SAO R/O MAKHANPUR, P.S. ALAMGANJ, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, SCHEDULE CASTE AND SCHEDULED TRIBE WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, SCHEDULED CASTE AND SCHEDULED TRIBE WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE SECRETARY, COOPERATIVE DEPARTMENT, BIHAR, PATNA 4. REGISTRAR, CO-OPERATIVE SOCIETY, BIHAR, PATNA. 5. BIHAR RAJYA ANSUCHIT JATI SAHAHARITA VIKASH NIGAM LTD. THOUGH ITS MANAGING DIRECTOR, MALYA NIL BHAWAN, BUDHA COLONY, PATNA. 6. THE MANAGING DIRECTOR, BIHAR RAJYA ANUSUCHIT JATI SAHKARITA VIKASH NIGAM LTD. MALYA NIL BHAWAN, BUDHA COLONY, PATNA. For the petitioners :- M/s Sanjay Kr. Ghosarvey, Kunal Tiwary, Advocates. For the State :- M/s Shailendra Kr. Jha, Arjun Pd. Singh, AC to SC-2, Shashi Kant Singh, AC to GA-6. For the Corporation :- M/s R.S. Pradhan, Sr.Adv., Naresh Dixit, Dhirendra Kr. Mishra, Rajeev Lochan, Advocates. ----------- 03. 13.05.2010 Heard learned counsel for the petitioners, the State and the counsel for the Bihar State Scheduled Castes Cooperative Development Corporation Ltd.(hereinafter referred to as the Corporation). 2. Petitioners in the 1st three writ application(s) are the employees of the Corporation and the Employees’ union of the Corporation is the petitioner in the fourth writ case. The individual petitioners and their Union have filed these writ applications for a direction to the competent authority of the Corporation to grant them the benefit of the extended retirement age of 60 years in the light of the decision of the Board of Directors of the Corporation dated 5.1.1979, whereunder vide agenda item no.8 it was resolved to follow the Government Rules and instructions until the Corporation framed - 3 - its own rules and instructions. The resolution of the Board of Directors dated 5.1.1979 is contained in Annexure-1 of C.W.J.C. No.10580 of 2009. It is submitted on behalf of the petitioners that in the light of the aforesaid resolution the Bihar Service Code stood adopted in the Corporation with effect from 5.1.1979, which fact is not disputed by the learned counsel appearing for the Corporation. It is further submitted by the learned counsel for the petitioners that the State of Bihar amended Rule 73 of the Bihar Service Code under resolution bearing Memo No.1500 dated 24.3.2005, Annexure-2 of C.W.J.C. No.10580 of 2009 extending the age of superannuation of the employees of the State from 58 to 60 years. According to counsel for the petitioners the amendment made under Rule 73 of the Bihar Service Code under resolution of the State Government dated 25.3.2005 stood applicable to the employees of the Corporation as well in view of the adoption of the service code under resolution dated 5.1.1979. It is further submitted on behalf of the petitioners that notwithstanding the aforesaid amendment in Rule-73 of the Bihar Service Code petitioner Braj Bhusan Prasad, Ram Babu Ram and Sukhdeo Bhagat were superannuated with effect from 30.6.2009, 31.12.2007 and 30.6.2007 respectively on attaining the age of 58 years and such decision of the Corporation to superannuate the aforesaid petitioners at the age of 58 years is violative of the resolution of the Board of Directors of the Corporation dated 5.1.1979 adopting the Bihar Service Code. In support of the aforesaid submission learned counsel for the petitioners relied on the judgment of the Division - 4 - Bench of this Court in the case of Lala Nand Kumar and Ors. Versus the Bihar State Food and Civil Supplies Corporation Ltd. & Ors., reported in 2008(1) PLJR 579. 3. From the order dated 3.9.2008 passed in C.W.J.C. Nos.7143 of 2007 and 15819 of 2007, Annexure-5 of C.W.J.C. No.11197 of 2009, it is evident that petitioner Ram Babu Ram and Sukhdeo Bhagat approached this Court even prior to their superannuation on 31.12.2007 and 30.6.2007 requesting the Court to direct the authorities of the Corporation to grant them benefit of the extended age of superannuation and this Court under orders dated 3.9.2008 directed the Administrator to decide the matter by 15.10.2008 but Administrator could not take any decision in the matter as the Administrator was removed by the State Government. Braj Bhushan Prasad superannuated with effect from 30.6.2009 and has filed C.W.J.C. No.10430 of 2009 on 21.8.2009 i.e. within two months of his superannuation praying inter alia to direct the Corporation to grant him the benefit of extended age of retirement. 4. Counsel for the Corporation has opposed the prayer. He states that this Court having directed the Administrator to take decision about granting the benefit of the enhanced retirement age to the employees of the Corporation, the said decision has not yet been taken as the Administrator has been removed and until the Board of Directors is constituted by the State Government, the Managing Director is not in a position to decide the matter. He further states that Board of Directors of the Corporation can be constituted only by - 5 - election and till date there is no election programme fixed by the Cooperative Department of the State Government. In the circumstances, the Managing Director is not in a position to take any decision in the matter. 5. Having heard counsel for the petitioners, the State and the Corporation it is evident that this Court under orders dated 3.9.2008 passed in C.W.J.C. Nos.7143 of 2007 and 15819 of 2007, Annexure-5 of C.W.J.C. No.11197 of 2009 directed the Administrator of the Corporation to consider the enhancement of the age of Superannuation of the employees of the Corporation from 58 to 60 years in the light of the service Rules prevailing in the Corporation but such decision could not be taken by the Administrator as the Administrator was removed by the State Government. The Board of Directors of the Corporation being not in office the Managing Director is not feeling confident to grant the benefit of extended age of superannuation to the employees of the Corporation in the light of its resolution dated 5.1.1979 and the amendment made in the Bihar Service Code under resolution of the State Government dated 24.3.2005. As neither the Administrator nor the Board of Directors of the Corporation is in office it is directed that the Managing Director should consider the case of the petitioners in the 1st three writ applications including the employees’ union for grant of benefit of extended age of superannuation from 58 to 60 years in the light of the decision of the Board of Directors of the Corporation dated 5.1.1979 read with resolution of the State Government dated 24.3.2005, Annexures-1, 2 - 6 - of C.W.J.C. No.10580 of 2009 and the order of the Cooperative Department bearing Memo No.1305 dated 15.5.2006 in view of the law laid down by this Court in the Case of Lala Nand Kumar and Ors.(Supra) in accordance with law, as early as possible, in any case within one month from the date of receipt/production of a copy of this order before the Managing Director of the Corporation. Office order bearing Memo No.517 dated 13.3.2009, Annexure-12 of C.W.J.C. No.10580 of 2009 directing superannuation of the employees of the Corporation at the age of 58 years until the Rules are framed being contrary to the resolution of the Corporation dated 5.1.1979 is quashed. 6. Petitioner Ram Babu Ram and Sukhdeo Bhagat approached this Court prior to their age of superannuation on 31.12.2007 and 30.6.2007, as such they shall be entitled for salary from the date of their superannuation till completion of age of 60 years but petitioner Braj Bhushan Prasad who superannuated with effect from 30.6.2009 and approached this Court on 21.8.2009 shall be entitled for his salary with effect from 21.8.2009 until he attains the age of 60 years. 7. The four writ application(s) are, accordingly, disposed of. AFR Rajesh/ ( V. N. Sinha, J. )