IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11653 of 2008 RAM CHANDRA PRASAD Versus THE STATE OF BIHAR & ORS WITH CWJC No.12022 of 2008 MITHILESH PRASAD SINGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.12615 of 2008 SUBAI KAMAT Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Bipin Kumar, Advocate Mr. Arun Kumar, Advocate For the Corporation : Mr. Prasoon Sinha, Advocate ------------- 2 28.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. In all these writ applications the common grievance of the petitioners is the decision dated 04.06.2007, by virtue of which several employees of Bihar Police Building Construction Corporation, have been ordered to retire at the age of 58 years. Petitioner’s claim is that they have a right to continue in service till they reach the age of 60 years. In terms of a resolution final notification issued by the State Government in March 2005 followed by a consequential amendment to Rule 73 of the Bihar Service Code on 29.03.2006. This court had occasion to hear the counsel for the petitioners of other writ applications as well as the 2 counsel for the respondents corporation in detail on this issue. Vide order dated 13.08.2008, passed in C.W.J.C. No. 15189 of 2005, giving detailed reasonings the court had to come to upholding the right of the employees of the corporation to continue in service till they reach the age of 60 years. The reasons recorded by this court in the order dated 13.08.2008 shall also govern the present issue. In that view of the matter, all the petitioners are entitled to go back in their service, if they have not attained the age of 60 years. The decision of the respondents contained in Annexure – 1, in so far as it relates to these petitioners would be deemed to be quashed. The writ applications are allowed, accordingly. Rajeev/ (Ajay Kumar Tripathi, J.)