IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8745 of 2008 Birendra Kumar Sinha, S/o Late Gunjeshwari Prasad R/o Mohalla Lohanipur, P.S. Kadamkuan, Patna …Petitioner Versus 1. The Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhavan, Patna through its Managing Director 2. The Managing Director Bihar State Food and Civil Supply Corporation ltd. Sone Bhavan, Patna 3. The District Manager, Bihar State Food and Civil Supply Corporation Ltd. Saharsa ….Respondents With CWJC No.7864 of 2009 Yogendra Sah S/o Late Bhagwan Sah, resident of village +P.O.+ P.S. Amarpur, Banka …Petitioner Versus 1. The Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhavan, Bir Chand Patel Path, Patna through its Managing Director 2. The Managing Director, Bihar State Food and Civil Supply Corporation Ld. Sone Bhavan, Bir Chand Patel Path, Patna 3. The Chief of Administration, Headquarter, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Bir Chand Patel Path, Patna 4. The District Manager, Bihar State Food and Civil Supply Corporation Ltd. Begusarai …Respondents For the Petitioner :Mr.Nadim Seraj & :Mr.Shailesh Kumar (CWJC No. 8745/08) For the petitioner :Mr. Bishnu Kant Dubey (CWJC No. 7864/09) For the Corporation :Mr. R.S.Pradhan, Sr. Adv. & :Mr A.N. Rai and Mr. Sanjeev Nikesh ----------- 04. 10.08.2011 Both these applications raise common issue(s) and have thus been clubbed together for consideration and disposal. Heard Mr. Nadim Seraj, learned counsel in support of CWJC No. 8745 of 2008, Mr. B.K. Dubey, learned counsel appearing in support of CWJC No. 7864 of 2009 and Mr. R.S. Pradhan, learned Sr. counsel appearing on behalf of the Respondent-Bihar State Food and Civil Supplies Corporation Ltd.(for short ‘the Corporation’). Petitioners in both the applications superannuated from services of the Corporation with effect from 31.08.2005 2 and 31.12.2005 respectively. Other relevant facts shall be drawn from CWJC No. 8745 of 2008. Petitioner(s) filed the present writ application assailing the orders dated 05.08.2005 and 25.11.2005, whereby the District Manager of the Respondent-Corporation made them to retire with effect from 31.08.2005 and 31.12.2005 respectively on completion of 58 years of age. The grievance of the petitioners is that the State Government has enhanced the age of superannuation from 58 to 60 years by Resolution dated 24.03.2005 issued in the Department of Finance, Govt. of Bihar. Petitioners thus state that they are entitled to continue in service till they attain the age of 60 years in the light of the said modification and other documents on record. From the order dated 16.07.2008 it appears that a submission was made that the issue raised in the application has already been decided by a Division Bench of this Court in L.P.A. No. 829 of 2007 and its analogous cases. The submission of the petitioners is that they be granted the same relief as was granted by this Court in the said appeal. Petitioners also submit that in CWJC No. 7864 of 2009, a learned Single Judge has taken the same view and granted relief(s), as prayed for in the writ petition. A stand was earlier taken that the respondents had filed L.P.A. No. 850 of 2009 thereagainst. Today, Mr. Nadim Seraj, learned counsel for the petitioner in CWJC No. 8745 of 2008 handed in a copy of the order dated 22.02.2011 passed in L.P.A. No. 850 of 2009 (Bihar State Food & Civil 3 Supplies Corporation Ltd. & Ors. Vs. Mahendra Pratap Singh) and another analogous appeal. It appears on perusal of the said order that both the writ appeals have been dismissed by the Division Bench and the order passed on writ petition being CWJC No 7864 of 2009 was affirmed. Parties are in agreement that the present writ applications require to be disposed of in terms of the order passed in L.P.A. No. 850 of 2009 which shall be subject to the result of special leave petition preferred by the Respondent- Corporation challenging the order passed by this Court in L.P.A. No.850 of 2009 and its another analogous matter. Mr. Pradhan, learned counsel for the Respondent- Corporation has taken a stand that the Respondent-Corporation have preferred special leave petition(s) before the Hon’ble Supreme Court challenging the order dated 22.02.2011 which is/are pending consideration before Hon’ble Apex Court. Both the applications are thus disposed of in the terms in which L.P.A.No.850 of 2009 was disposed of which shall abide by the order(s) to be passed by Hon’ble Supreme Court on the SLPs preferred thereagainst by the Respondent- Corporation. hr ( Kishore K. Mandal )