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Patna High Court - Orders

Namindra Singh vs The State Of Bihar & Anr on 18 November, 2011

Bench: Chief Justice, Birendra Prasad Verma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Letters Patent Appeal No.1558 of 2011
                                                   In
                            Civil Writ Jurisdiction Case No. 11965 of 2010
                                                 With
                             Interlocutory Application No. 7348 of 2011
                                                   In
                                Letters Patent Appeal No.1558 of 2011
                 ======================================================
                 Namindra Singh, S/O Late Rishi Singh of Baroyakala, P.S. Fatuha,
                 District - Patna.
                                                                .... Petitioner....   Appellant
                                                   Versus
                 1. The State of Bihar, through Finance Secretary.
                 2. Bihar State Electronics Development Corporation Ltd, Udyog Bhawan,
                    2nd Floor, East Gandhi Maidan, Patna-4 through its Managing Director.
                                                        Respondents.... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant/s : Mr. Yogesh Chandra Verma, Sr. Advocate
                                       With Mr. P.P.N. Sahi, Advocate

                 For the Respondent/s :
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER
                 (Per: HONOURABLE THE CHIEF JUSTICE)


3   18-11-2011

Re: I.A. No. 7348 of 2011 The delay of 25 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of.

Re: L.P.A. No. 1558 of 2011 Feeling aggrieved by the order dated 30th July 2010 made by the learned single Judge in above CWJC No.11965 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

The matter at dispute is the age of superannuation prevalent in the respondent no. 2, Bihar State Electronics Development Corporation Limited (hereinafter referred to as "the Corporation").

The appellant is the employee of the Corporation. He approached this Court under Article 226 of the Constitution to assert that he had right to continue in service up to 60 years of age in accordance with the amended Rule 73 of the Bihar Service Code.

Rule 73 of the Bihar Service Code provides for compulsory retirement of a Government employee on reaching the specified age (age of superannuation). The said Rule 73 was substituted under G.S.R. No. 152 dated 28th September 1973. The amended Rule 73 provided for superannuation at the age of 58 years. The said Rule has been further amended under Government Resolution dated 24th March 2005. The age of compulsory retirement has been enhanced from 58 years to 60 years. In other words, the age of superannuation for Government employees has been enhanced to 60 years.

The appellant claims that the Corporation has adopted the Service Rules prevalent in the State Government. Therefore, the enhanced age of superannuation shall apply to the employees of the Corporation also. Reliance is placed on the order dated 13th November 1987 made by the Managing Director of the Corporation. The said order reads as under:

" 1. The Board of Directors in its 41th meeting held on 26.10.87 has accorded post facto approval for application of Service Rules Financial Rules of the State Govt., which are being followed, in the corporation also.

2. This is being agreed as long as the 3 Patna High Court LPA No.1558 of 2011 (3) dt.18-11-2011 3/4 corporation does not frame its own rules.

3. This is also subject to certain limitation prescribed by State Government/Board of Directors of the Bihar State Electronic Development Corporation Ltd."

Learned single Judge has rejected the claim. Therefore, the Present Appeal.

Learned Advocate Mr. Yogesh Chandra Verma has appeared for the appellant. He has submitted that in view of the Resolution passed by the Board of Directors of the Corporation, the service conditions prevalent in the State Government for the civil servants of the State shall apply to the employees of the Corporation. He has submitted that the learned single Judge has erred in relying upon the oral submission made on behalf of the corporation that the Corporation has taken specific decision not to enhance the age of superannuation of the employees of the Corporation.

We see no merit in this Appeal. The above referred order only indicates that whatever service Rules and financial Rules of the State Government were applied to the employees of the Corporation, such application was approved by the Board of Directors of the Corporation. Nothing in the said order indicates that the Corporation has/had adopted the provisions contained in the Bihar Service Code as modified or altered from time to time, unless the Resolution passed by the Board of Directors expressly or by necessary application provides that the Provisions contained in the Bihar Service Code as amended from time to time shall apply to the employees of the Corporation, the contention can not be countenanced.

On the materials before us, it is not possible for us to 4 Patna High Court LPA No.1558 of 2011 (3) dt.18-11-2011 4/4 hold that the Bihar Service Code as modified or altered from time to time is made applicable to the employees of the Corporation. Moreover, now the appellant has, on reaching the age of superannuation, retired from service.

For the aforesaid reasons, Appeal is dismissed in limine.

(R.M. Doshit, CJ) (Birendra Prasad Verma, J) B.Tiwary/Anjani/-

AFR