IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10998 of 2008 CHANDRAMAULI AGRAWAL Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : M/S. Arun Kumar and Bipin Kumar For the State : Government Advocate No.3. ---- 03. 27.08.2008 Petitioner by virtue of order dated 19.7.2008 contained in Annexure-1 has been ordered to retire by the respondent Bihar State Sugar Corporation Limited. Petitioner has challenged this order being arbitrary in view of the settled decision that employees of Bihar State Sugar Corporation Limited have the benefit of enhanced age of retirement of sixty years. This is the only question for consideration in the present writ application. Petitioner contends that he joined service in Bihar State sugar Corporation Limited way back in the year 1976 and has served the organization well all these years but the petitioner has been made to retire on reaching the age of 58 years, The question whether an employee of Sugar Corporation shall retire at 58 or 60 has been settled not only by several decisions of a Single Bench of this High Court but also by a Division Bench which has been upheld by the Hon`ble Supreme Court as well. This is the consistent position with regard to the age of superannuation. The age of superannuation of the employees of the Sugar Corporation has been held to be sixty years and this is the consistent judicial opinion on the issue. Petitioner has brought some of the orders passed in the similar circumstances on record as annexures 3, 4 and 5. - 2 - The case of the petitioner being no different and it is not disputed that the petitioner has been superannuated on reaching the age of 58 years, it is hereby directed that the petitioner shall be permitted to continue in service and shall be entitled to retire when he attains the age of 60 years and not 58 years. The impugned order therefore, contained in annexure-1, is hereby quashed. The petitioner would be entitled to derive all the benefits by virtue of rejoining his post till he retires at the age of sixty years. The writ application is allowed. rkp (Ajay Kumar Tripathi, J)