IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10439 of 2007 JAGDEO PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 13.4.2009 Heard learned counsel for the petitioner and learned counsel for the respondent- Bank. The claim of the writ petitioner is for enhancement of age of superannuation as the government had raised the age of superannuation of its employees from 58 to 60 years vide circular as contained in annexure 1. The enhanced date of superannuation of the petitioner as claimed is 20.8.2009. Learned counsel for the petitioner submits that in the event the age is enhanced, he may be entitled for financial benefits. Issues of age of superannuation are conditions of service. Conditions of service are determined by the employer. These are policy matters. Any financial liability on account of such enhancing of age has to be borne by the employer. The decision of the Co- operative department dated 15.5.2006 under section 66 B of the Bihar and Orissa Co-operative Societies Act is not a statutory directive. It is in the nature of a recommendation only, giving certain guidelines, leaving ultimate discretion in the co-operative society concerned depending on its own satisfaction under the policy to bear the financial and other burden. A counter affidavit has been filed on behalf of the respondents. It is submitted that the rules of the respondent-Bank were - 2 - approved by the Registrar of the Co-operative Society fixing the age of superannuation at 58 years. The rules shall be required to be amended. The financial condition of the Bank is not good. It is not in a position to bear the additional financial burden. Learned counsel for the petitioner disputes the contention of the Bank of its inability to bear the additional financial burden. This case is, therefore, disposed with liberty to the petitioner to approach the Registrar, Co-operative Society, Bihar, under rule 33 of the Bihar and Orissa Co-operative Societies Act to ventilate his grievance. If such an application is filed, this court expects that the Registrar, Co-operative Society, Bihar shall consider and dispose of the same expeditiously in accordance with law, preferably within a period of four months from the date of receipt/ production of a copy of this order. The writ application stands disposed of. shahid (Navin Sinha, J)