R.K.MERATHIA, J. - (1.) THE parties were heard at length for final disposal of the writ petition on 25.1.2007 when the order was reserved and prayer for interim relief was refused.
(2.) PETITIONER claims to be an Association of the employees of Bihar State Financial Corporation (BSFC), working within the State of Jharkhand. According to the petitioner, in view of the resolutions of BSFC, the decision of the Government of Bihar dated 24.3.2005 (Annexure -1) to enhance the age of superannuation of State Government employees from 58 to 60 years, has become applicable to the members of petitioner also and there is no need to get sanction of the State Government to amend Regulation 19 (i) of the Bihar State Financial Corporation (Staff) Regulation, 1965 (the Regulation for short), for this purpose. By way of Amendment Petition, (I.A. No. 244 of 2007), petitioner has challenged the decision of the State of Bihar, communicated under Memo No. 255 dated 12.1.2007 refusing sanction to the resolutions of BSFC for enhancing the age of superannuation.
(3.) MR . A.K. Sinha, learned senior counsel appearing for the petitioner, relied on the Resolution dated 24.12.1988 taken on item No. 11203 by BSFC (Annexure -6) and the Standing Order No. 2/89 -90 dated 19.7.1989 issued pursuant to the said Resolution (Annexure -6/1). He also relied on the Resolution dated 25.8.2006 on item No. 13159 contained in Annexure -2 and 3. Mr. Sinha submitted that the said resolutions were taken Under Section 23 of the Bihar State Financial Corporations Act, 1951 (the Act for short) and therefore BSFC was not required to approach the State Government for sanction of the said Resolutions. Alternatively, he submitted that the State of Bihar has wrongly refused sanction on the ground that the financial position of BSFC is bad. In this connection, he referred to the letter dated 27.12.2006, in which the Manager (P&A;) of BSFC said that the Board has been paying the salary and retiral dues of it's employees from its own sources and if the age is enhanced from 58 to 60 years, BSFC will be able to bear the extra burden. He also relied on some portions of the balance sheet to show that BSFC has earned profit during 2003 -04 and 2004 -05. He also referred to a copy of the counter affidavit filed on behalf of the State of Bihar in a writ petition filed at Patna, being CWJC No. 4364 of 2006 by one Mr. Arif and submitted that the stand of State of Bihar therein was that BSFC is a corporate body registered under the SFCS Act, of which State Government is a share holder and as such State Government is not the right forum and competent authority from which the petitioner of that case could seek redressal of his grievances of superannuating him at the age of 58 years.;