S.N.PATHAK, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The instant writ application has been filed by the petitioner for following reliefs:- (I) For directing the respondents to grant the benefit of extension of age of superannuation from 58 years to 60 years with retrospective effect and the date of retirement of petitioner be treated as 30.06.2008 instead of 30.06.2006, as per the amended Rule 73 of Jharkhand Service Code. (II) For directing the respondents to make payment of entire salary, arrears of salary, gratuity, retirement and all other monetary benefits treating his age of retirement as 60 years. (III) For directing the respondents to pay all other benefits and perks for which this petitioner is entitled to in his extended service with retrospective effect. FACTUAL MATRIX
(3.) The petitioner was appointed as Assistant in Bihar State Food and Civil Supplies ("BSFCS" for short) on 11.12.1974 and after a long span of time, he has been promoted to the post of Assistant Manager with retrospective effect on 05.10.1989. Previously, the respondent-Corporation has taken a resolution on 21.05.1973, the relevant portion of which reads as under:- "Resolved that until such time as the Service Code, Financial Rule, etc. are framed by the Corporation, provisions made in the Bihar Service Code ..... applicable to the State Government employees adopted for employees of the Corporation." Untill 23rd March, 2005, in terms of Rule 73 of the Bihar Service Code, the age of superannuation of the Officers and Employees of the State Government was 58 years. On 24th March, 2005, the State Government amended Rule 73 of the said Service Code by enhancing the age of superannuation of its Officers and Employees from 58 years to 60 years. In this regard, it is relevant to mention here that the petitioner was superannuated on 30.06.2006, on attaining the age of 58 years, i.e. after amendment of Rule 73, by which the age of superannuation of Officers and Staff of State Government has been enhanced from 58 years to 60 years. ;