IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5679 of 2009 MAHENDRA PRATAP SINGH Versus THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED & ORS ----------- 2/ 05/05/2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation Limited. The issue in this writ application is for the enhancement of age of superannuation from 58 years to 60 years in light of the decision of the Division Bench in L.P.A. No.829/07 and analogous cases disposed on 17.1.2008 affirmed by the Supreme Court in Special Leave Petition No.10387/08 and 10388/08. Learned counsel for the corporation opposes the application to submit that the petitioner accepted his superannuation on 30.4.2006 when those who were vigilant came to this Court and on whose application the orders have been passed. He relies upon a judgement of the Supreme Court reported in (2006) 11 S.C.C. 464 (U.P. JAL NIGAM AND ANOTHER Versus JASWANT SINGH AND ANOTHER), para-16 in support of his submission. Learned counsel for the petitioner draws the attention of this Court to the order dated 30.4.2009 in C.W.J.C. No.5484/09 with regard to a person who, like 2 the present petitioner, superannuated on 30.6.2005 at the age of 58 but who has been granted the benefit of the order in L.P.A. No.829/07 and analogous cases noticing the submission of the corporation that the issue was squarely covered by the judgement of the Division Bench as affirmed by the Supreme Court. There is no occasion for this Court to differentiate between the petitioner and that in C.W.J.C. No.5484/09. This Court finds it difficult to entertain the objection of the corporation in view of its own stand taken with regard to another person similarly situated as noticed above in C.W.J.C. No.5484/09. Had this objection been taken by the corporation at that stage there may have been occasion for this Court to adjudicate upon that aspect of the matter. The writ application stands allowed in similar terms. KC (Navin Sinha, J.)