IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10322 of 2009 RAMA NAND ROY, SON OF LATE GOVIND ROY, RESIDNET OF GRAM ……………. PETITIONER Versus 1. BIHAR STATE CONSTRUCTION CORPORATION, THROUGH ITS MANAGING DIRECTOR, KHAWAJA IMALI, ANISABAD, PATNA. 2. MANAGING DIRECTOR, BIHAR STATE CONSTRUCTION CORPORATION, KHAWAJA IMALI, ANISABAD, PATNA. ----------- 02/ 21.08.2009 The petitioner is one of the unfortunate employees of the Bihar State Construction Corporation Limited, Patna, a undertaking of the State Government. Individually employees of the said Corporation are coming to this Court for getting a declaration that the age of superannuation of employees of the Corporation stood extended from 58 years to 60 years no sooner the State Government amended Bihar Service Code and, in particular, Rule 73 thereof. Consistently this Court has been holding that no sooner Rule 73 of the Bihar Service Code was amended, the age of superannuation of employees of the Corporation stood automatically enhanced. The orders of this Court remain unchallenged, still they are not being implemented and each employee has to individually come to this Court. Today, Mr. Shukla, appearing for the Corporation, has pointed out that as the Corporation is running in tremendous loss, it has surplus 2 staff and if such orders are passed, it would be difficult for the Corporation to comply with. In my view, answer to this can only be found legally. If the service condition provides for appropriate age of superannuation at the age of 60, the Corporation cannot show its financial helplessness and refuse to honour the regulations having statutory force in this regard. The financial condition of the Corporation does not automatically and ipso facto re-leave the Corporation of its obligations. It can relieve itself of the obligation only by process known to law. Nothing has been done by the Corporation in this regard. In that view of the matter, this contention of Mr. Sukla cannot be accepted. It has been brought to the notice of this Court that on 28.07.2009 an office order was issued by the then Managing Director of the Corporation. A look at the said office order would show that it is a gross contempt on the face of it. The office order discloses that in respect of orders passed by this Court with regard to extending the age of superannuation to 60 years, the Managing Director sought guidelines from the Controlling Department which is Water Resources Department, Government of Bihar, Patna. The 3 Water Resources Department held that as the accumulated of loss of the Corporation is about Rs.65 crores, the age of superannuation would remain 58 years. Thus, the orders of this Court which were in the nature of mandamous were all thrown in the dustbin in the most unexpected manner. If this is not gross contempt then what it is? Both the Managing Director and the concerned department are guilty. It was open to the Managing Director to appeal against the order but so long as the order inter party continues, he has no option but to implement the same. So far as department is concerned, it could not advise that the orders of this Court be disobeyed with immunity. The only advise it could have given was to appeal against the said order but could not have said that notwithstanding orders of this Court the age of superannuation would remain to be 58, thus, holding that the order of this Court be ignored with immunity. The Department cannot sit in appeal of this Court’s order. This is what makes the department guilty of gross contempt, however, as this has become a habit with the State Organizations, I do not propose to take cognizance thereof. Suffice it to say, that unless in any manner known to law the 4 orders of this court is modified and/or set aside, they are to be obeyed and implemented by the Corporation in letter and spirit and they have no option in this regard. If rule of law has to exist this anarchy must end. This writ application is allowed with the aforesaid observation and direction and it shall be deemed that petitioner can only superannuate from the services of the Corporation on attaining the age of 60 years. kundan (Navaniti Prasad Singh, J.)