IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7388 of 2006 BALRAM PRASAD GUPTA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.7054 of 2005 AWADHESH KUMAR SINHA & ANR Versus THE STATE OF BIHAR & ORS ----------- For the petitioners: M/s Banwari Sharma, Sanjay Kumar Sinha, Pankaj Kumar Sinha and Shiv kumar. For the BISCOMAUN: Mr. Rajesh Kumar Chaudhary. ----- 04. 19/08/2008 In both the writ applications petitioners want a direction upon the respondent BISCOMAUN to enhance the age of retirement of its employees more so the present petitioners to the age of 60 years. This claim is being based on a decision taken by the respondent State vide a notification issued in March 2005. They further contend that the Board of Directors in its meeting dated 21.8.2006 vide resolution No.7 decided in principle to enhance the age of retirement of the employees to 60 years and a communication in this regard was also made by the Managing Director on 8.11.2006 to the Secretary, Department of Co-operative, Government of Bihar but the respondents are not willing to implement the said decision. In the counter affidavit filed on behalf of the respondents they have brought on record Annexure R6/D dated 11.1.2007. This is a communication from the Registrar, Co-operative Society to the Managing Director of BISCOMAUN that in view of the order no. 1305 dated 15.5.2006 looking at the financial condition of the Society - 2 - there is no occasion to grant them the benefit of enhanced age of retirement to its employees. The matter could have been allowed to rest but something has happened in the meanwhile. The order dated 15.5.2006 of the Secretary, Department of Co-operative, Government of Bihar, became a matter of challenge in L.P.A. No. 752 of 2007 along with analogous cases which came to be decided by a Division Bench on 27.11.2007. The Court after examining the issue came to the conclusion that communication No. 1305 dated 15.5.2006 is not an order under section 66B of the Bihar Co-operative Society Act since the decision of the Secretary was not approved or was in consonance with any decision taken by the State Government i.e. the Council of Ministers. In view of the above decision of the Division Bench a submission has been made by the learned counsel appearing on behalf of the petitioners that the communication dated 11.1.2007 of the Registrar contained in Annexure R6/D has lost its meaning. The reason provided for refusal of enhancement of age therefore has been knocked out by the judicial pronouncement dated 27.11.2007. There seems to be some merit in the submission made by the learned counsel for the petitioners. If the impediment in the way of the decision taken by the Registrar stands removed then the Registrar, Co-operative Society needs to reconsider the communication made by the Managing Director, BISCOMAUN afresh. Both the writ applications are disposed of with a direction upon the Registrar, Department of Co-operative, Government of - 3 - Bihar that taking into consideration the decision dated 27.11.2007 passed in L.P.A. No. 752 of 2007 he shall apply himself to the issue afresh and thereafter pass appropriate order or direction at the earliest. The final decision taken by the Registrar shall govern the issue with regard to enhanced age of retirement of these petitioners. An early decision would be the need of the hour in the matter. rkp (Ajay Kumar Tripathi, J)