M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) IN this writ petition, petitioners who are employees of the Koderma MicaUnit of the Jharkhand State Mineral Development Corporation Ltd. have challenged the orders passed by the Corporal directing the petitioners to retire from the service of the Corporation on attaining the age of 58 years and further for a direction to the effect that petitioners are entitled to continue in service and superannuate on attaining the age of 60 years. Contention of the petitioners is that Board of Directors of the respondent -Corporation took a decision on 20.12.2004 whereby the age of superannuation of the employees of the Corporation has been increased at par with the State Government employees.
(3.) IT appears that similar matters have been considered by this Court in W.P.(S). No. 190 of 2005 with analogous cases which was disposed of on 31.1.2005by passing the following order: In these writ petitions, the petitioners, who arc employees of Bihar State Mineral Development Corporation, the Mineral Area Development Authority and also the Co -operative Society, seek a direction that they are entitled to be superannuated only after attaining the age of 60 years on the basis of Government Circular dated 26.10.2004. The contention of the petitioners is that the Board of Directors of the respondents -Corporation have passed resolution and agreed in principle to enhance the age of retirement of its employees from 58years to 60 years, but till date the decision has not been implemented. A copy of the resolution is annexed as Annexure -5 to the writ petition (No. 408/2005).The relevant portion of the minutes of the Board meeting dated 20th December,2004 is reproduced herein below: Item No. 11/9 to increase the superannuation age in regard to the employees of the corporation at par with State Govt. Employees. Board discussed the matter in view of State Govt. Notification No. 5826dated 26.10.2004 and decisions taken in the same matter by other state Govt. undertaking and noted the legal opinion of learned Advocate Sri A.K. Mehta of Honble Jharkhand High court and agreed in Principle to increase the superannuation age in regard to the employees of the corporation at par with State Govt. employees from 58 to 60 years and resolved as under: Resolved that superannuation age in regard to the employees of the corporation be increased at par with State Govt. Employees however in view of the enforced Moral Code of Conduct permission of Election commission besought through dept. of Mines and Geology, Govt. of Jharkhand before it simple mentation. From bare perusal of the aforementioned resolution, it is manifest that the decision has not been implemented only because of the enforced Moral Code of Conduct. The respondents, will, therefore, implement the decision already taken for enhancement of age of superannuation after the election is over. In the facts and circumstances, this Court direct the respondents to implement the decision already taken as early as possible and not later than15th February, 2005. In the meantime, those employees who retire in between 31stJanuary, 2005 and 15th February, 2005, shall be deemed to be continuing in service. With the aforesaid directions, these writ petitions are disposed of. ;