- (1.) PETITION at Flag 'L' (I.A. No. 1833 of 2005) has been filed for condoning the delay of 33 days in filing the instant appeal.
(2.) HAVING heard counsel for the parties and being satisfied with the grounds shown therein, the delay of 33 days in filing this appeal is condoned and the petition for condonation of delay (LA. No. 1833 of 2005) is hereby allowed. L.P.A. No. 479 of 2005 The appellants were posted at Ranchi in the State of Jharkhand as Section Officer. They were guided by Rule 73 of the Bihar Service Code, 1952, wherein 58 years of age was prescribed for superannuation. The Government of Jharkhand amended Rule 73 vide Resolution No. 5826, dated 26th October, 2004, and enhanced it from 58 to 60 years. The first appellant, Gauri Shankar Ram was to attain 58 years age on 30th November, 2004 whereas second appellant, Ram Badan Ram was to attain 58 years of age on 31st January, 2005. They being posted in the State of Jharkhand, get advantage of amended Rule 73 and continued beyond 58 years.
(3.) SO far as age of superannuation of the employees of the State of Bihar is concerned, it was 58 years as per old Rule 73. The Government of Bihar amended Rule 73 vide Resolution No. 3A -7 -Maha -01/2005 -1500B(2), dated 23rd March 2005 and enhanced the age of superannuation from 58 to 60 years. Subsequently, the services of the appellants were allocated under State of Bihar by Central Government's Order No. 14(Jhr)/2005, dated 5th April. 2005.;