IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1059 of 2010 1. Bihar State Scheduled Castes Co-Operative Development Corporation Limited through its Managing Director, Malayanil Bhawan, Buddha Colony, Patna 2. The Secretary, Bihar State Scheduled Castes Co- Operative Developments Corporation Limited, Malayanil Bhawan, Buddha Colony, Patna ------ Respondents ----Appellants. Versus 1. Ram Babu Ram, S/O Late Sakhichand Ram, R/O Mohalla- Sipara, P.S.- Phulwari, Distt.- Patna ----- Petitioner—Respondent 2. The State Of Bihar 3. The Commissioner-Cum-Welfare Secretary, Ministry of Welfare, Bihar, Patna ------ Respondents ---- Respondents. ----------- 2. 28.6.2011 Heard Mr. Rama Shanker Pradhan for the appellants. The appellant-Corporation has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 13.5.2010, passed by a learned Single Judge of this Court in C.W.J.C. No.11197 of 2009 (Ram Babu Ram V. The State of Bihar & Ors.), whereby the writ petition has been allowed, and the benefit of enhancement of retirement age from 58 years to 60 years has been allowed with consequential benefits. We have perused the materials on record and considered the submissions of the learned counsel for the 2 parties. It appears that the Corporation had adopted the Bihar Service Code (hereinafter referred to as ‘the Code’), framed by the State of Bihar, which provides the terms and conditions governing its employee. The Corporation admittedly adopted the same as a whole with effect from 5.1.1979. Rule 73 of the Code as it stood on 5.1.1979, provided as follows : “73. The date of compulsory retirement of a Government servant is the date on which he attains the age of 58 years. He may be retained in service after the date of compulsory retirement with the sanction of the State Government on public ground, which must be recorded in writing.” The Bihar Government amended Rule 73 of the Code, and 58 years was replaced by 60 years, by notification dated 24.3.2005. In view of the position that the Corporation had adopted the Code as a whole to govern the terms and conditions of its employees with effect from 5.1.1979, it automatically follows that rule 73 of the Code after its amendment by the State Government, becomes equally applicable to the employees of the Corporation with effect from the date of amendment. In other words, all employees of the Corporation in service on 24.3.2005 shall superannuate from the services of the Corporation on 3 attaining 60 years of age. In that view of the matter, we entirely agree with the order of the learned Single Judge in so far as it concerns C.W.J.C. No.11197 of 2009. Respondent no.1 shall be entitled to consequential benefits. We do not find any merit in this appeal. It is accordingly dismissed. Vinay/ ( S. K. Katriar,J. ) ( Amaresh Kumar Lal, J.)