M.Y.EQBAL, J. - (1.) IN these writ applications the petitioner have prayed for quashing the order as contained in memo No. 854 dated 3.9.2005 issued by the Deputy Page 0790 Development Commissioner -cum -Executive Engineer, Zila Parishad, Dhanbad whereby the petitioner has been superannuated with effect from 30.9.05 on account of completion of 58 years of age and further for a direction upon the respondents - Zila Parishad to implement the direction of State Government dated 26.10.2004 issued under the signature of the Secretary, Department of Personnel and Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi enhancing the age of superannuation from 58 years to 60 years.
(2.) IT appears that by resolution as contained in memo No. 5826 dated 26.10.2004 issued by the Department of Personnel and Administrative Reforms and Rajbhasha the age of superannuation of the employees have been increased from 58 years to 60 years. Petitioners case is that the employees of Zila Parishad have already been conferred a Government servant status at par with the employees of the State Government and therefore, petitioner alongwith other employees of Zila Parishad are entitled to the same benefit and therefore their age of superannuation should also be increased from 58 years to 60 years. In the counter affidavit filed by respondent No. 1 it is stated that the notification dated 13.4.2005 has been issued by the Department of Urban Development, Government of Jharkhand by which age of the employees of Municipal Corporation and Municipality Notified Area Committee has been increased from 58 years to 60 years but no such decision has been taken in respect of the employees of Zila Parishad. It is further stated that Zila Parishad is an independent body having definite structure and constitution, fund, Budget etc. of its own and the benefits extended to the Govt. employees are not deemed to be applicable to the employees of Zila Parishad. It is further stated that Zila Parishad is an independent body having definite structure and constitution, fund, Budget etc. of its own and the benefits extended to the govt. employees are not deemed to be applicable to the employees of Zila Parishad.
(3.) MR . R.S. Mazumdar, learned Counsel appearing for the petitioners, submitted that the petitioners are employees of Zila Parishad and as per the notification dated 9.4.1977 issued by the Governor of Bihar, the employees of Zila Parishad had been conferred a Government servant status. Learned Counsel referred the relevant provisions of the Bihar Panchayat Samitis and Zila Parishad (Condition of Service) Rules and submitted that the employees of Zila Parishad are entitled to the same condition of service as applicable to the employees of State Government.;