IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6417 of 2009 WITH CWJC No.7367 of 2009 Ram Baran Prasad, Son of late Badri Prasad, Resident of village- Nawada, Mohalla-New Area, P.S., Town & District-Nawada, Presently working as Assistant in the Nawada Central Co-operative Bank Ltd. Branch CCB, Nawada, P.S. & District-Nawada. -Petitioner. VERSUS 1. The State of Bihar. 2. The Nawada Central Co-operative Bank Ltd., Kachehri Road, Nawada, through the Managing Director. 3. The Administrator, Nawada Central Co-operative Bank Ltd., Kachehri Road, Nawada. 4. The Secretary, Co-operative Department, New Secretariat, Bihar, Patna. 5. The Joint Secretary, Co-operative Department, New Secretariat, Bihar, Patna. 6. The Registrar, Co-operative Societies, Bihar, Patna. -Respondents. ----------- For the Petitioner : Mr. Sanjay Kumar, Adv. For the Bank :Mr. Sanjay Kumar, Adv. For the State : AAG-VIII. Mr. Shyam Kishore Sharma, GA-V. ---------- 04 07.07.2009 Both the writ petitions are by the same person Ram Baran Prasad, who is an employee of the Nawada Central Co-operative Bank Limited. He is to superannuate on completing the age of 58 years on 27.08.2009. In the first writ petition, he prays that consistent with the decision of the government dated 26.12.2008 (Annexure-2) regarding giving permission to the Co-operative Banks to enhance the age of superannuation of its employees from 58 years to 60 years. Petitioner’s age of superannuation be deemed to have been extended. In the second writ petition, petitioner’s grievance is that neither there is Chairman- cum-Managing Director nor an Administrator for his Nawada Central Co-operative Bank Limited and in absence thereof, there being no body - 2 - competent to take decision. Petitioner being liable to retire at an early date, directions be issued to the State Government to appoint a Chairman-cum-Managing Director as well as Board of Directors of the said Bank. Having heard the learned counsel for the petitioner and learned counsel for the Bank, in my view, the first writ petition merits no consideration. A reference to the Annexure-2, a governmental decision dated 26.12.2008, would show that the decision has to be taken by individually each Central Co-operative Bank, in absence of any such decision the resolution of the government cannot be made applicable that is the scope of the resolution itself. Admittedly, there is no resolution of the present Bank in regards to the extension of age of superannuation from 58 years to 60 years, thus, there being no such resolution. The service condition of the petitioner cannot be deemed to have been altered by reason of the said governmental decision. Thus, the said writ petition merits no consideration. Now, coming to the second writ petition, it is clear that petitioner realized his shot coming in the first writ petition and therefore he has filed the second writ petition for a direction to the State Government to appoint the Board of Directors and the Chairman-cum- Managing Director of the respondent-Bank. On behalf of the Bank, it is stated that the election process for electing the members and consequently the Board of Directors is already in progress and they would be appointed within a very short time. It is they who would elect the Chairman and the government - 3 - would nominate the Managing Director. In view of this stand of the State and the learned counsel for the Bank, nothing more to be done in this matter. It is expected that the new Board of Directors and/or Administrator would be constituted/appointed preferably within a period of one month from today. In case, appointment of Directors and filling up of the post of Board of Directors takes time the State Government would be well advised to make appointment of administrator in the mean time. With the aforesaid observations and directions, both the writ petitions are disposed of. Trivedi/ (Navaniti Prasad Singh, J)