- (1.) AS both the appeals arise out of common judgment they are being disposed of by this common order.
(2.) BOTH the appeals have been preferred by the appellants against the last line of paragraph 13 of the impugned judgment dated 22nd March, 2006 passed by the learned single Judge in W.P. (S) No. 6466/2005 and analogous cases. By the impugned judgment, when the learned single Judge held that the Resolution taken by the Government vide memo No. 5826 dated 26th October, 2004 enhancing the age of superannuation of the Government employees from 58 to 60 years shall also apply in the case of the employees of the Zila Parishad and the age of superannuation of the employees of the Zila Parishad shall also be 60 years, made the judgment and such declaration from prospective effect. The only question required to be determined in these appeals is whether the age of superannuation as was enhanced from 58 to 60 years for the State Government employees vide memo No. 5826 dated 26th October, 2004 is applicable to the employees of Zila Parishad with effect from 26th October, 2004 or from the date the judgment rendered by the learned single Judge i.e. 22nd March, 2006.
(3.) ADMITTEDLY , the employees of Zila Parishad are guided by the Bihar Panchayat Samitis and Zila Parishad (Condition of Service) Rules, 1964. The Rule 8 of the said Rule as amended, reads as follows: 8.(1) Other servants of a Zila Parishad will consist of all such employees of the Zila Parishad as are not included in categories (a) to (c) of Rule 3 and shall include peon, chairmen, daftaries, treadlemen, and similar other employees. (2) Appointment of all servants of Zila Parishad under this rule shall be made by the District Development Officer from amongst the candidates selected for the purpose by the Committee referred to in Sub -rule (4) of Rule 7. Their postings and transfers shall be made by the District Development Officers. (3) Subject to the provisions of Sub -rule (2) of Rule 8 and Rule 9, the service conditions of servants of the Zila Parishad appointed under this rule shall be governed, mutates mutandis, by the rule in force for class IV officers of the State Government. Emphasis given). For existing Rule 9, the following rule shall be substituted, namely: 9.Bar to pension to certain officers of the Zila Parishad, who does not hold a pensionable post on the date the Zila Parishad takes charge of office for the first time, shall be entitled to a pension: Provided that such an officer, employee or servant shall be entitled to the benefits of contributory provident fund and gratuity according to rules for the Government servants in force. ;