IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3156 of 2009 DEVANAND SINHA @ DEVANAND SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Gajendra Kumar Jha For the State : Mr. Shambhu Nath, Ac to GP X ------ 3. 16.4.2009. Heard learned counsel for the petitioner and the State. The relief sought for in this writ application is for a direction to the respondents to enhance the age of superannuation from 58 to 60 years in the Bihar State Khadi and Village Industries Board (hereinafter called the ’Board’). Learned counsel for the petitioner submits that under section 10(2) of the Bihar Khadi and Village Industries Act, 1956, (hereinafter referred to as ‘the Act), remuneration, allowances and other conditions of service are to be determined by regulations to be made by the Board. The term and other conditions of service shall take within its ambit, the age of superannuation. No regulations have been framed by the Board till date. By resolution dated 18.6.1958 of the Board, the relevant rules of the State 2 Government was resolved to be followed by the Board. The position remains the same. The State Government has made necessary amendments in the Bihar Service Code and has enhanced the age of superannuation. He submits that from the letter dated 6.9.1988 of the Industrial Development Commissioner, all the rules and service conditions of the State Government employees are applicable to the employees of the Board, except pension. It is, therefore, submitted that once the State Government has enhanced the age of superannuation of its employees and the Board has chosen to adopt the same conditions of service for its employees, the moment the service conditions was amended by the State Government, the service conditions applicable to the employees of the Board are also to be amended. He relied upon certain observations of a Bench of this Court in 2004(4) PLJR 565, more particularly, para-35 of the same. Learned counsel for the State points out that issues of age of superannuation are policy matters for the employer to decide based upon a host of other considerations including 3 financial liability, need of the institution etc. He submits from Annexure-4, dated 1.11.2007 that the financial condition of the institution is a relevant aspect to be kept in mind while deciding the issue of superannuation. The matter was still pending consideration and no final decision has been taken as is apparent from the recitals therein. Since no final decision has been taken as yet on the issue of age of superannuation, the writ application is pre-mature. It is disposed off with the observation that the Board/concerned authority shall take a final decision on the issue of enhancement of age of superannuation of its employees in view of its own resolution adopting the Bihar Service code and amendments made therein by the State Government. Let the same he done within a maximum period of four months from the date of receipt/production of a copy of this order. ahk (Navin Sinha,J.)