SACHCHIDANAND SINGH Vs. BIHAR STATE FOOD & CIVIL SUP. CORP. LTD. AND ORS.
LAWS(SC)-2016-2-158
SUPREME COURT OF INDIA
Decided on February 02,2016

SACHCHIDANAND SINGH Appellant
VERSUS
Bihar State Food And Civil Sup. Corp. Ltd. And Ors. Respondents

JUDGEMENT

- (1.) This writ petition is for the issuance of a mandamus to direct the Respondent No.1/Corporation to release all consequential retirement benefits including payment of salary for the petitioner till he reached the age of sixty years as the age of superannuation with interest thereon.
(2.) To briefly narrate the case of the petitioner, he joined as Assistant Godown Manager in the Respondent No.1/Corporation on 5.2.1975. At the time when the petitioner joined the services by virtue of a Resolution of the Corporation dated 21.5.1973, the Bihar Service Code was made applicable to the employees of the Corporation, till such time it is replaced by a Code to be formulated by the Corporation of its own. At the time when the petitioner joined, as per the Bihar Service Code the age of retirement was 58 years. Subsequently, by way of an amendment to Bihar Service Code, the age of retirement was modified as 60 years with effect from 24.3.2005.
(3.) The Respondent No.1/Corporation intimated the petitioner by a letter dated 30.11.2005 that he would be reaching the age of superannuation, namely, 58 years on 31.12.2005. On 2.12.2005, the petitioner made a representation contending that after the amendment to the Bihar Service Code which came into effect on 24.3.2005, he was entitled to continue in service till 60 years of age. The said representation was rejected by Respondent No.1. The petitioner filed a writ petition in Jharkhand High Court in W.P. No.7138 of 2005 and the said Writ Petition was dismissed in limine by order dated 20.7.2006 holding that since the petitioner having been superannuated on attaining the age of 58 years, High Court was not inclined to entertain the writ petition.;


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