MADAN GOPAL SRIVASTAVA Vs. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, PROJECT BUILDING, DHURWA, RANCHI AND ORS.

JUDGEMENT

(1.) UNDISPUTEDLY , the petitioner was appointed as Assistant Accountant in the Bihar State Food and Civil Supplies Corporation Limited on 31.7.1984. Undisputedly, the date of birth of the petitioner is 28.10.1952. Undisputedly, the petitioner along with some other employees of the Bihar State Food and Civil Supplies Corporation Limited were taken on deputation to work as Accountant in the Treasury Department of the erstwhile State of Bihar. Vide order dated 29.7.2006 (Annexure 11), the Bihar State Food and Civil Supplies Corporation Limited has decided to retire its employees on completion of 60 years of age instead of 58 years of age. Undisputedly the petitioner was never absorbed in the Treasury Department of the State of Bihar or Jharkhand and remained on deputation. Vide order dated 8.1.2010 (Annexure 10), State of Jharkhand has resolved that the age of superannuation of the Government servant will be 60 years, whereas, other employees on deputation from various Corporations will retire on completion of 58 years. In other words, the age of retirement shall not be increased for the employees of the different Corporations who are working in the Treasury Department on deputation.

(2.) IF Annexure 10, the order dated 8.1.2010 as well as Annexure 11, the letter dated 29.7.2006 are read together, only one conclusion shall be arrived at i.e. permanent employee working in the Treasury Department shall retire on reaching the age of 60 years, whereas, other employees, who are on deputation from the different Corporations shall not be entitled for enhanced age of retirement like regular Government servants and they shall retire on reaching the age of superannuation as prescribed in the respective Corporations from where they are taken on deputation. Since the petitioner's parents department is the Bihar State Food and Civil Supplies Corporation Limited and age of the retirement in the Corporation has also been enhanced to 60 years vide order dated 29.7.2006, therefore, the petitioner shall retire on reaching the age of 60 years and cannot be forced to retire on reaching the age of 58 years.

(3.) IN view of the observations made hereinabove, the petitioner shall be reinstated forthwith and shall be allowed to work till he attains the age of 60 years and shall be paid salary on the pay scale of Rs. 5000 -8000/ -per month. Petitioner shall be paid full salary for the period he remained idle for no fault of him. Petitioner's case for permanent absorption in the Treasury Department shall also be considered in accordance with law as per existing policy. The writ petition stands disposed of with the aforesaid observations and directions.