IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1541 of 2006 ZIAUDDIN AHMAD Versus THE STATE OF BIHAR & ORS ----------- 3 30.7.2008 Heard learned counsel for the parties. Petitioner wants his age of retirement to be extended to 60 years in terms of a decision taken by the State Government with regard to their employees. It goes without saying that any amendment to Rule 73 of the Bihar Service Code will not have application to the bank in question sue muto. A proper decision at their level needs to be taken to. Petitioner has brought two annexures on record which are contained in annexures 4 and 5. Vide decision dated 21.12.2005 and communication dated 26.12.2005 the bank in its wisdom decided to enhance the age of superannuation of its employees to 60 years. But even this may not be enough because the Secretary, Department of Co-operative, Government of Bihar after due deliberation and in exercise of power under section 66 (B) of the Bihar Co-operative Societies Act 1935 has issued Memo No. 1305 dated 15.5.2006. The respondents bank will now have to take the decision within the parameter of the above direction of the Secretary. Any decision prior to the same as has been done in the present case has no meaning. This writ application stands disposed of with a direction upon the respondents that in case they take a fresh decision with regard to enhancement of age of retirement and the - 2 - said decision accrue to the benefit of the present petitioner also, he can claim the same if the occasion arises. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)