IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6700 of 2009 Ram Padarath Sharma, Son of late Musafir Sharma, resident of Mohalla- Patel Nagar, Behind A.P.M. Academy, P.S.-Sastrinagar, District-Patna. -Petitioner. WITH CWJC No.7836 of 2009 Bidur Khatait, Son of late Basudeo Khatait, resident of village-Parsauni, PO.-Bakhari, P.S.-Dumri (Gobardhana) District-West Champaran. -Petitioner. WITH CWJC No.6930 of 2009 Raghu Nandan Lal Das, Son of late Satya Narain Lal Das, resident of Mohalla- Panchavati Colony, Digha, District-Patna. -Petitioner. WITH CWJC No.2612 of 2009 Ashok Kumar Mukherjee, Son of late Madan Gopal Mukherjee, resident of Mohalla- Belbagh Colony (Near K.R. School) P.O.+P.S.-Bettiah, District-West Champarn. -Petitioner. WITH CWJC No.2589 of 2009 Usman Mian, Son of Sahabuddin Mian resident of village-Bhatwalia, P.O.-Ojhaulia, P.S.-Bairia, District-West Champaran. -Petitioner. WITH CWJC No.7314 of 2009 Utpal Kumar Roy, Son of late Upendra Kumar Roy, resident of Mohalla-H.No.-60, Nehru Nagar, Gandhi Path, P.S.-S.K. Puri, District-Patna. -Petitioner. VERSUS 1. The State of Bihar through Principal Secretary, Environment and Forest Department, Government of Bihar, Patna. 2. Bihar State Forest Development Corporation Limited, through Managing Director, B.S.F.D.C. Ltd., 13 Patliputra Colony, Patna-13. 3. Managing Director-cum-Chief Conservator of Forest, Forest Development Corporation Limited, 13 Patliputra Colony, Patna-13. 4. The Divisional Manager, Forest Project Division, Bihar State Forest Development Corporation Ltd., Bettiah (West Champaran). -Respondents. ----------- Counsel for the Petitioner : Mr. Rajesh Kuamr Singh. Mr. Rana Pratap Singh. Counsel for the B.S.F.D.C. Ltd. : Mr. R.K. Shukla Counsel for the State : Mr. Satya Pal, J.C. to G.P.-19. Mr. Bijay Kumar Pandey, J.C. to G.P.-18. -------------- 2 04 17.07.2009 All these cases are in relation to employees of the Bihar State Forest Development Corporation Limited. The only issue therein is the extension of age of superannuation from 58 to 60 years. These matters have been settled by series of judgement of this Court in the case of Forest Development Corporation itself. I am accordingly bound by these series of judgments and follow the same. However, Mr. Shukla, learned counsel appearing for the Corporation brings to my notice to a communication from the Government of Bihar Dated 21.11.2008, which communication states that those Corporations which are in loss for continuously last five years of his capital eroded should not increase the age of superannuation from 58 to 60 years. It is not in dispute that pursuant to the aforesaid no decision of the Board of Directors of the present Corporation has been taken. In my view, the situation does not change. As has been held in the judgment in relation to the Corporation itself no sooner the government amended the Rule 73 of the Bihar Service Code the age of superannuation automatically applied to the Corporation if that be so then unless the Corporation now took a decision otherwise or the State Government amended Rule 73 otherwise or qualified it the amended Rule 73 would continue to apply. Nothing has been brought on record to show any action like this. Move over, though the direction aforesaid of the State Government is dated 21.11.2008, writ petitions were disposed of thereafter as well in relation to the Corporation itself. For example, C.W.J.C No. 5429 of 2009 and analogous cases, which was 3 disposed of on 30.04.2009 accepting the extension of age of superannuation. I may only notice that once the law has been laid down even in one case by this Court it is not necessary for all employees to come to this Court for relief, the law applies to all. The Corporation must keep this in mind. With these observations, the writ petitions are disposed of. It shall be deemed that the age of superannuation has been extended from 58 to 60 years. Trivedi/ (Navaniti Prasad Singh, J.)