M.Y.EQBAL, J. - (1.) THE petitioner is working as Senior Assistant in the office of Area Manager, Bihar/Jharkhand Rajya Sahakari Bhumi Vikas Bank Samittee, Dumka. He attained the age of 58 years on 31.1.2006 and superannuated from service. He has prayed for quashing the resolution taken by the respondent -Bank whereby the respondents have refused to enhance the age of superannuation from 58 years to 60 years.
(2.) PETITIONER 'scase is that the respondent -Bank is guided by Bihar/Jharkhand Service Code for all purposes including salary, leave, superannuation and other retiral benefits etc. but even then the authorities of the Bank have taken decision not to enhance the age of superannuation. It is further stated that the resolution taken by the Government dated 26.10.2004 is applicable to the employees of the Bank also and, therefore, their age of superannuation is bound to be enhanced from 58 years to 60 years. The case of the respondent -Bank is that the bank is functioning on the basis of loan taken by National Bank for Agricultural Realization Development for the upliftment of agriculture. On account of very poor financial position of the Bank it has become difficult to repay the installments. Much difficulty is being faced to tied over the heavy financial burden on the Bank due to establishment expenditure and payment of retiral dues. The Bank does not have reserve fund to meet its liabilities. It is stated that for a number of past years the respondent -Bank is facing acute financial crisis due to which the Bank is not able to even pay regular salary to its employees. The State Government has put a ban on promotion and payment of dearness allowances. It is further stated that there is no provision for pension to the employees who have superannuated from service of the Bank as per Service Code of the Bank.
(3.) IT has not been disputed by the petitioner that there is a Service Code of the Bank which is applicable to its employees. It has also not been disputed that the respondent -Bank is run by taking loan from NABARD and it has no reserve fund. The activities of the Bank are being done on the financial help of the State Government also. The respondents, in their counter affidavit, have very categorically stated that the employees of the Bank have not even been paid their salaries for the last few months due to acute financial crisis, Taking into consideration all these facts the Board has taken a resolution not to enhance the age of superannuation from 58 years to 60 years.;