IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.996 of 2008 NARESH PRASAD VERMA . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 17/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is a substantive employee of the Bihar State Industrial Development Corporation, was sent on deputation to the Social Welfare Department of the State Government. Annexure-4 to the supplementary affidavit of the petitioner on which reliance is placed to urge that he was absorbed in the services of the State Government does not appeal to this Court. It is an order of deputation only and not of absorption. The controversy relates to the age of retirement of the petitioner. Whether it will be in accordance with the age as fixed in the Industrial Development Corporation of which the petitioner is stated to be an employee or of the State Government under which he is in deputation. The State authorities are treating his age of 2 superannuation as applicable in his substantive employment in the corporation. The age of superannuation is a policy matter as it necessarily involves payment of wages to a person, payment of pension etc. and therefore is not the domain of the Court. The petitioner has brought on record as Annexure-3 by a supplementary affidavit a decision of the Corporation dated 24.3.2008 that the enhanced age of superannuation of 60 years shall be applicable from 14.3.2008. It being a policy decision is beyond the purview of this Court. The petitioner has been made to superannuate at the age of 58 years as an employee of the Corporation in accordance with the age as existing on 31.1.2008. The petitioner, therefore, clearly falls outside the purview of the policy decision. Unfortunately, the petitioner has not been able to place before this Court any decision/policy decision or regulation of the corporation regulating the service conditions of its employees or even recording that till it does not frame its own rules those applicable to State 3 Government employees under the Bihar Service Code shall remain applicable to employees of the corporation. True it is that most of the corporations have also enhanced the age of superannuation by adoption of the Bihar Service Code on basis of policy decisions under regulations framed by such corporations adopting the service rules of the State Government till they frame their own rules. Such does not appear to be the case presently. This Court therefore finds it difficult to grant any positive relief to the petitioner. However, if the petitioner approaches the authorities of the State Government where he claims to be still working on deputation, along with necessary decision of the Bihar State Industrial Development Corporation, prior to 31.1.2008, that the provisions of the Bihar Service Code shall be applicable to the employees of the corporation also and in which event the age of superannuation of the petitioner even as an employee of the corporation shall stand automatically enhanced to 60 years, the 4 authorities of the State shall then be required to consider his representation in accordance with law and the discussion as aforesaid when the claim of the petitioner shall not be prejudiced in any manner by reason of the present order. The writ application stands disposed. KC/ ( Navin Sinha, J.)