RABINDER KUMAR SINHA v. THESTATEOFBIHARTHROUGHPRINCIPALSECRETARY, ENVIRONENT AND FOREST, GOVT. OF BIHAR, PATNA
Judgment
3.MANAGING DIRECTOR, BIHAR STATE FOREST DEVELOPMENTCORPORATION LTD. 13, PATLIPUTRA COLONY, PATNA-13. 4. DIVISIONAL MANAGER, FOREST PROJECT DIVISION BETTIAH... RESPONDENTS. ----------- CWJC No.15432 of 2008 ANIL KUMAR SRIVASTAV SON OF LATE NIRANJAN PRASAD RESIDENT OF MOHALLA ROAD NO. 19, RAJIV NAGAR, P.S. RAJIV NAGAR, PATNA, AT PRESENT POSTED AT BIHAR STATE FOREST DEVELOPMENT CORPORATION PATNA...PETITIONER Versus THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT GOVT. OF BIHAR, PATNA.
BIHAR STATE FOREST DEVELOPMENT CORPORATION 13, PATLIPUTRA COLONY, PATNA-13.
MANAGING DIRECTOR, BIHAR STATE FOREST DEVELOPMENT CORPORATION LTD. 13, PATLIPUTRA COLONY, PATNA-13. RESPONDENTS. ----------- CWJC No.15963 of 2008 SURENDRA TIWARY SON OF LATE KAPIL MUNI TIWARY, RESIDENT OF VILLAGE- MANIK PARASI, P.S. KARAKAT ( GORARI), DISTT- ROHTAS ....PETITIONER Versus THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, GOVT. OF BIHAR, PATNA.
2. BIHAR STATE FOREST DEVELOPMENT CORPORATION LTD. THROUGH, MANAGING DIRECTOR, B.S.F.D.C. LTD. 13, PATLIPUTRA COLONY, PATNA-13. 3. MANAGING DIRECTOR, BIHAR STATE FOREST DEVELOPMENT CORPORATION LTD. 13, PATLIPUTRA - 3 - COLONY, PATNA-13.... RESPONDENTS. ----------- CWJC No.17512 of 2008 GANPATI JHA SON OF LATE BIJAY NATH JHA RESIDENT OF VILLAGE- KOILAKH, P.S. RAJ NAGAR, DISTT. MADHUBANI ..... PETITIONER Versus THE STATE OF BIHAR THROUGH PJRINCIPAL SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. BIHAR STATE FOREST DEVELOPMENT CORPORATION LTD. THROUGH, MANAGING DIRECTOR, B.S.F.D.C. LTD. 13, PATLIPUTRA COLONY, PATNA-13. 3. MANAGING DIRECTOR, BIHAR STATE DFOREST DEVELOPMENT CORPORATION LTD. 13, PATLIPUTRA COLONY, PATNA-13. RESPONDENTS. CWJC No.1320 of 2009 MADAN TIWARY, SON OF LATE KASHI NATH TIWARY RESIDENT OF MOHALLA- MAHAJAN TOLI NO.2, P.S. ARA (T), DISTT. BHOJPUR... PETITIONER Versus THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF ENVIRONMENT AND FOREST, GOVERNMENT OF BIHAR, PATNA. 2. BIHAR STATE FOREST DEVELOPMENT CORPORATION LTD. THROUGH MANAGING DIRECTOR, PATLIPUTRA COLONY, PATNA-13.
3. MANAGING DIRECTOR, BIHAR STATE FOREST DEVELOPMENT CORPORATION LTD. PATLIPUTRA COLONY, PATNA-13 ..... RESPONDENTJS. ----------- 2 17-17-3-2009 Heard learned counsel for the petitioner in all these eight writ petitions and Mr. J.P. Shukla, Sr. Advocate appearing for the Bihar State Forest Development Corporation Limited ( hereinafter referred to as the ` Corporation ‘). On behalf of petitioners in all these writ petitions it has been submitted that on account of enhancement of age of retirement of all Government Servants in the State of Bihar with effect from 24-3-2005, the employees of the respondent Corporation such as the petitioners are also entitled to enhanced age of superannuation i.e. 60 years in place of 58 years. It has been submitted that - 4 - considering all the relevant facts and a Division Bench Judgment of this Court in the case of Lala Nand Kumar Vrs. Bihar State Food and Civil Supply Corporation Limited, reported in 2008(1) PLJR 579, this Court has already decided the aforesaid issue in favour of the employees of the Corporation by judgment and order dated 12-3-2008 passed in C.W.J.C.No.
12886 of 2007 ( Kailash Singh and Anr. Vrs. The Bihar State Forest Development Corporation) and C.W.J.C. No. 3671 of 2007 ( Hari Narayan Prasad Singh Vrs. The State of Bihar and Others). On behalf of respondent- Corporation Mr. Shukla has fairly submitted that the judgment of this Court dated 12-3-2008 was in respect of similarly situated employees of the Corporation and hence covers the case of the petitioners also. However, he has made a broader submission that the Corporation is not in good financial condition and therefore there may be financial difficulty in payment of salary and other emoluments to the employees of the Corporation particularly when the age of superannuation will be treated as 60 years in place of 58 years. This larger aspect of the matter relates to policy and is not a legal issue hence this Court has no option but to follow the aforesaid decision these cases also. Sometimes enhancing age of superannuation may lessen the financial burden of the organization because the retiral benefits are not required to be paid in lump-sum and on account of availability of experienced employees, new recruitment may also stand deferred for some time.
Be that as it may, the issue raised by Mr. Shukla needs no decision in these cases. It is the responsibility of the Corporation to ensure that its lawful employees are paid in accordance with law. All the writ petitioners are allowed in terms of judgment and order dated 12-3-2008 passed in the case of Kailash Singh and another (supra) referred - 5 - to above. The orders superannuating the writ petitioners from service at the age of 58 years, if any, shall stand quashed and as a consequence such petitioners shall be reinstated in service. The petitioners shall be allowed to continue in service as per enhanced age of superannuation i.e. till the age of 60 years. Those petitioners who were superannuated at the age of 58 years after the enhancement of age of superannuation but have crossed the age of 60 years shall not be reinstated and shall be only entitled to the consequential monetary benefits treating them to have continued in service till 60 years of age. Naresh ( Shiva Kirti Singh,J) - 6 -
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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