Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1028 of 2008 ====================================================== Shatruhan Kumar Sinha, S/o Late Onkar Nath Verma, Resident of Shri Kuldeep Kuti, Lodi Katra, P.O. Patna City, District Patna. .... .... Petitioners 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. 6. Principal Secretary, Department of Finance, Old Secretariat, Government of Bihar, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.14018 of 2007 ====================================================== Ram Umesh Ram, son of Sri Pavikha Ram, resident of village Paipuva, P.S. Paliganj, District Patna. .... .... Petitioner 1. Bihar State Co-operative Land Development Bank Versus through its Chairman, Budh Marg, Patna. 2. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 3. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.14457 of 2007 ====================================================== Brahmdeo Prasad, son of Late Lakhan Prasad, resident of village Nayuyawan, P.S. Akangarsarai, District Nalanda. .... .... Petitioner 1. Bihar State Co-operative Land Development Bank Versus through its Chairman, Budh Marg, Patna. 2. Chairman, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. 3. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1073 of 2008 2
Legal Reasoning
Patna High Court CWJC No.1028 of 2008 (7) dt.26-11-2013 2 / 7 ====================================================== Permanand Singh, son of Late Nathan Prasad Singh, resident of village Bhuna, P.O. Lagma,Via – H. Kharagpur, P.S. Tatia-Bumber, District Munger. .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.14801 of 2007 ====================================================== Ravi Nath Singh, aged about 58 years, son of Late Kapildeo Singh, resident of village Hematpur, P.O. Mainpura, P.S. Ara Muffassil, District Bhojpur. 1. Bihar State Co-operative Land Development Bank Versus through its Chairman, Budh Marg, Patna. 2. Chairman, Bihar State Co-operative Land Development Bank, Budha .... .... Petitioner Marg, Patna. 3. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15219 of 2007 ====================================================== Parmeshwar Chaudhary, son of Late Chandrma Chaudhary, aged about 58 years, resident of village Bharsar, P.S. Piro, District Bhojpur (Ara). .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.3803 of 2008 3 Patna High Court CWJC No.1028 of 2008 (7) dt.26-11-2013 3 / 7 ====================================================== Lal Bahadur Singh, son of Late Gupteshwar Singh, resident of village Samardah, P.O. Hardiyan, District Bhojpur. .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.12282 of 2008 ====================================================== Vijay Prakash Singh, son of Late Ram Dayal Singh, resident of Tapeshwar Nagar, Near Avva Guarden Bailey Road, Patna. .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. 6. Section Officer, Bihar State Co-operative Land Development Bank, Budh Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1036 of 2008 ====================================================== Arun Kumar Sinha, son of Mahesh Nandan, resident of Mohalla Dariyapur Gola, Bankipur, Patna-4. .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. 4 Patna High Court CWJC No.1028 of 2008 (7) dt.26-11-2013 4 / 7
Legal Reasoning
.... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1301 of 2008 ====================================================== Srinath Yadav, son of Late Devi Prasad Yadav, resident of village Sadhopur, P.O. Nagawn, Via- Jangirpur, Bausi, District Bhagalpur. .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1184 of 2008 ====================================================== Mithilesh Kumar Sinha, son of Late Arun Singh, resident of village Bhashingpur, P.O. Bangpur, Via- Parwalpur, District Nalanda. .... .... Petitioner 1. The State of Bihar. 2. Registrar, Co-operative Societies, Government of Bihar, New Versus Secretariat, Patna. 3. Bihar State Co-operative Land Development Bank through its Chairman, Budha Marg, Patna. 4. Chairman, Bihar State Co-operative, Land Development Bank, Budha Marg, Patna. 5. Managing Director, Bihar State Co-operative Land Development Bank, Budha Marg, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Y. Kishore, SeniorAdvocate Mr. Birendra Narayan Sharma, Advocate Mrs. Nutan Sahay, Advocate For the Respondent Bank : Mr. Rajesh Prasad Choudhary, Advocate For the State : Mr. Prabhat Ranjan, A.C. to G.P.12 Mr. Ravi Bhardwaj, A.C. to S.C.I Mr. Gopal Krishna, A.C. to G.P.19 Mr. Ram Das Singh, A.C. to S.C.12 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 5 Patna High Court CWJC No.1028 of 2008 (7) dt.26-11-2013 5 / 7 7 26-11-2013 I have heard learned counsel for the petitioners and the respondent-Multi State Cooperative Land Development Bank Ltd., Bihar and Jharkhand. Through these writ petitions, the petitioners seek enhancement of their age of retirement from 58 years to 60 years and also challenge part of the decision dated 26.6.2007 contained in Memo No.1815 dated 30.8.2007 (Annexure-5) of the Board of Directors of the concerned Bank by which it has refused to enhance of age. It is submitted that in view of the decision of the State Government contained in Annexure-3, the authority concerned should have taken a decision for enhancement as it has not been stated in the decision of the Board that the Bank does not fulfills the criteria for such enhancement. A counter affidavit has been filed on behalf of the respondent-Bank stating that later on, i.e., on 11.9.2008, the General Body of the Bank had already decided to enhance the age of retirement from 58 years to 60 years. However, upon such decision having been taken by the Bank, the Registrar, Cooperative Societies had issued order as contained in Annexure- C directing the Bank to give explanation on the issues raised therein. One of such issues was also of enhancement of the age of retirement of the employees of the Bank from 58 years to 60 years. 6 Patna High Court CWJC No.1028 of 2008 (7) dt.26-11-2013 6 / 7 Some of the Bank employees took up this matter by filing C.W.J.C. No.7364 of 2009 in which it was decided vide Annexure-D dated 29.7.2009 that the Bihar State Cooperative Land Development Bank Ltd. would be deemed to be registered now under the aforesaid Multi State Cooperative Land Development Bank Ltd., Bihar and Jharkhand, thus, provisions of the aforesaid Act would only apply. It was further held that the decision of enhancement of age should be applicable from the date of approval of such decision by the General Body, i.e., from 11.9.2008. This order was assailed by filing Letters Patent Appeal, however, the challenge was confined only to the issue as to whether the concerned Bank would be governed by the new Act or under the old Bihar Cooperative Societies Act. However, the L.P.A. was also dismissed and the matter was taken up by the State of Bihar to the Apex Court also by filing S.L.P.(Civil) No.18194 of 2011 which has finally been dismissed on 26.7.2013. A copy of the order has been produced by learned counsel appearing for the respondent-Bank at the time of hearing. This being the situation, since it has already been held that the date on which the General Body has taken a decision to enhance the age of superannuation would be the date from which such enhancement would be effective, in my considered opinion, the aforesaid benefit 7 Patna High Court CWJC No.1028 of 2008 (7) dt.26-11-2013 7 / 7 cannot be extended to the petitioners as they admit that they have retired prior to such decision having been taken by the General Body.
Decision
Accordingly, the writ petitions stand dismissed. N.H./- (Dr. Ravi Ranjan, J)