D.G.R. Patnaik, J. - (1.) HEARD counsel for the parties and with their consent, this application is disposed of at the stage of admission.
(2.) PETITIONER 's prayer in this writ application is for quashing the letter dated 01.06.2005 (Annexure -8) purporting to declare thereby that the benefit of enhancement of the age of superannuation from 58 years to 60 years would not be available to the petitioner. Learned counsel for the petitioner informs that the petitioner was appointed as an Assistant under the respondent Bihar State Food & Civil Supplies Corporation Limited. Though initially as per the service conditions, the age of retirement of the employees of the Corporation was 58 years, but by a circular issued by the State Government on 24.03.2005 (Annexure -3), the age of superannuation was enhanced from 58 years to 60 years for the Government employees. The respondent Corporation also was required to adopt the circular of the State Government and extend the benefit of enhanced age of superannuation to its employees. Several representations were made by the employees of the respondent Corporation before the concerned authorities of the Corporation for extending the age of their superannuation in consonance with the circular of the State Government. Learned counsel adds that despite the representations, the concerned authorities of the respondent Corporation did not take a final decision. The petitioner in the mealtime, was made to retire on his attaining the age of 58 years on 31.07.2005.
(3.) LEARNED Counsel explains further that being aggrieved by the inaction of the respondent Corporation to give the benefit of the enhanced age of retirement in consonance with he benefit given to the State Government employees, the aggrieved employees filed writ applications before the Patna High Court. Their grievances upon being considered, a Division Bench of che Patna High Court, by its judgement passed in L.P.A. No 829 of 2007 along with analogous cases, allowed the appeals filed by the employees and directed the respondent Corporation to pay the salaries payable to the employees who were made to retire between 24"' March, 2005 till 29 July, 2006, treating, them to have served until the age of 60 years with a further declaration the the employees of the respondent Corporation are entitled to serve up to the age of 60 years. Learned counsel explains further that the petitioner was made to retire on 31.07.2005 and his case also falls within the ambit of the scope of similarly situated employees who had gained the benefit of the judgement passed in the aforementioned L.P. As by the Patna High Court. According to the learned Counsel, the ratio as decided in the L.P.A. No. 829 of 2007 by the Patna High Court has recently beer followed by this Court in W.P.(S) No. 3435 of 2006 in the case of Bal Bhadra Singh v. Bihar State Food & Civil Supplies Corporation Ltd. and Ors.;