IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.848 of 2009 Bihar State Construction Corporation Limited Karamchari Sangh, Anishabad, Patna through its General Secretary, Jagdish Mandal, S/o-Sri Lakhan Mandal, resident of Seikhpura, P.O.-Veterinary College, P.S.-Shastrinagar, District-Patna. -Petitioner. VERSUS 1. The Bihar State Construction Corporation Limited, Anishabad, Patna through its Managing Director at Anishabad, P.O.-Anishabad, P.S.- Anishabad, District-Patna. 2. The Managing Director, Bihar State Construction Corporation Limited, Anishabad, P.O.-Anishabad, P.S.-Anishabad, District-Patna. -Respondents. ----------- 02 06.08.2009 The present writ application has been filed by the Bihar State Construction Corporation Limited Employees Union in representative capacity for employees of the Corporation. The only prayer in the present writ application is for issuance of an appropriate writ/direction to the Corporation holding that its employees would superannuate on completion of the age of 60 years and not 58 years. Reliance has been placed on various judgments of this Court in relation to similar Corporations and judgments of this Court in relation to this very Corporation as well. In the case of Md. Nizam Vs. the State of Bihar & Ors being C.W.J.C. No. 16333 of 2006, which was allowed on 18.03.2008 and in C.W.J.C. No. 6821 of 2009 and analogous cases decided on 23.06.2009, this Court has clearly held that the age of superannuation of employees in the Corporation would be 60 years and not 58 years. The same should be followed in the present writ application. On the other hand, learned counsel for the Corporation submits that so far as Md. Nizam’s Case (supra) is concerned, State of - 2 - Bihar has preferred an appeal against the said judgment. Be that as it may, the Corporation has not preferred any appeal against the said judgment, therefore, the said judgment with the said declaration is a judgment in rem binding the Corporation and has attained its finality as against the Corporation, then it is not open to the Corporation to take other view of the matter. That being the position, I have no option but to hold that the employees of the Corporation would superannuate at attaining the age of 60 years and not at the age of 58 years. I may note before parting that it was totally unnecessary for Employees Union to come to this Court because the law has already been laid down in Md. Nizam’s Case. Once, the law has been laid down it not being a judgment in personam but in rem. It was ordinarily expected of the Corporation to apply that law to all persons similarly situated, meaning thereby to all employees automatically, but things prevail in this State law always has to take the back seat and the citizens are the causalities. Notwithstanding the said Corporation did not extend the benefit of the law declared by this Court to other employees which is absolutely wrong and cannot be countenanced. It only generates useless litigation and cause unnecessary harassments. In view of the aforesaid directions, the writ application stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)