S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioners for issuance of a writ of prohibition directing the Respondents not to act on the first part of the guidelines issued by the Central Government, contained in letter No. 28/43/2004 -SRS, dated 29th March, 2005. Further prayer has been made to allow them to continue in the services of the State till they attain the age of 60 years and to pay them the salary of the intervening period.
(2.) AS the matter relates to determination of age of superannuation involving the interest of a large number of employees, the case was referred by the learned Single Judge to Division Bench for determination of the issue. The question involved in this case is whether the Government servants who were provisionally allocated and posted under the State of Jharkhand and attained the age of 58 years between 26th October, 2004 and 23rd March, 2005 and finally allocated the services under the successor State of Bihar, can be allowed to continue in the service till they attain the age of 60 years.
(3.) THE employees of the erstwhile State of Bihar were guided by Rule 73 of the Bihar Service Code, 1952, which prescribes age of superannuation (compulsory retirement) on attaining 58 years of age. After reorganisation of the State since 15th November, 2000, the employees were provisionally allocated the successor State of Bihar or Jharkhand under Sub -section (1) to Section 72 of the Bihar Reorganisation Act, 2000. The persons who were posted in one or other office falling within the territory of successor State of Bihar or Jharkhand, in absence of a notification of provisional allocation, they were treated to be continuing provisionally under successor State of Bihar or Jharkhand in whose territory such employees were posted. Bihar Service Code, 1952 was adopted by the State of Jharkhand by Notification No. 3/M -7 -0/2001 -3821/Ranchi dated 19th October, 2001. Rule 73 was subsequently amended by the State of Jharkhand and the age of superannuation was enhanced from 58 years to 60 years by Resolution No. 7/BBP -56/2002 -Ka -5826/Ranchi, dated 26th October, 2004. In the meantime, a large number of employees who were working under the State of Jharkhand, their services having been finally allocated under the successor State of Bihar, they challenged the orders of allocation. Most of them refused to go to the State of Bihar, as the age of superannuation of the employees of State of Bihar was still continuing to be 58 years. It is informed by the counsel for the parties that in pursuance of certain observations made by this Court in one of the case, the matter was subsequently taken up by the Central Government and ultimately, the Government of Bihar also amended the Rule 73 and enhanced the age of superannuation from 58 years to 60 years by Resolution No. 3A -7 -Maha -01/2005 -1500 B(2) dated 23rd March, 2005. The employees who were provisionally posted under the State of Bihar and attained 58 years of age superannuated from service. On the other hand, the employees who were posted under the State of Jharkhand like the petitioners and attained the age of 58 years after 26th October, 2004 continued in the services of State of Jharkhand Rule 73 having been amended. In the meantime, the Central Government issued different Notifications under Section 72(2) of the Bihar Reorganisation Act, 2000, finally allocating the services to one or other employees under one or other successor State including those who retired in the meantime from State of Bihar on attaining age of 58 years and those who continued in the services of the State of Jharkhand even after attaining age of 58 years.;