IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16114 of 2009 1. ARUN KUMAR JHA S/O LATE JATA SHANKAR JHA, R/O VILL- SARABAD, P.S- PANDAUL, DISTT- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE INDUSTRIAL DEVELOPMENT COMMISSIONER, DEPARTMENT OF INDUSTRIES, BIHAR, PATNA 3. THE DIRECTOR OF INDUSTRIES, BIHAR, PATNA 4. BIHAR STATE SMALL INDUSTRIES CORPORATION, THROUGH ITS MANAGING DIRECTOR, INDIRA BHAWAN, PATNA, BIHAR 2/ 26-11-2009 Heard learned counsel for the petitioner and learned counsel for the Board. 2. Petitioner is an employee of the Bihar State Small Industries Corporation Limited. He is aggrieved by office order bearing memo No. 617 dated 30-10-2009 ( Annexure-1) where- under he has been directed to superannuate w.e.f. 31.10.2009 on attaining the age of 58 years. It is submitted on behalf of the petitioner that the aforesaid order is violative of Rule 73 of Bihar Service Code which is also applicable to the employee of the Corporation from before. The State of Bihar amended Rule 73 of the Service Code which earlier provided for superannuation of its employee at the age of 58 years under resolution of the Government issued from the Finance Department bearing No. 1500 dated 24.03.2005 where-under retirement age of the employees was extended to 60 year. Having appreciated the amendment made in the Bihar Service Code the Board of Directors of the Corporation under their resolution dated 26.07.2005 extended the age of its employees - 2 - to 60 years but while taking such resolution it further resolved that the resolution will come into effect after approval of the State Government. It is submitted on behalf of the Corporation that as the Government has not yet granted its approval to the resolution of the Board dated 26.07.2005, the impugned order dated 30,10.2009 has been issued. 3. The resolution of the Board seeking further approval of the State Government to their resolution dated 26.07.2005 appears to be wholly misconceived in view of the fact that State of Bihar having already amended Rule 73 of the Bihar Service Code and extended the age of retirement to 60 years under resolution dated 24.03.2005, the service Code having been adopted by the Corporation much earlier, the resolution of the Board seeking further approval of the Government on their decision to extend the age from 58 years to 60 years, appears to be wholly misconceived. In the light of my observation above, I quash the order bearing no. 617 dated 30.10.2009, as contained in Annexure-1 and the petitioner be reinstated in the Corporation on a post with similar pay scale from which he was made to retire. The writ application is accordingly disposed of. BTiwary/ ( V.N. Sinha, J )