Rajendra Saw vs State and Others Pitamber Mishra Vs The Bihar State Religious Trust Board and Others

V.N. Sinha, J.—Petitioners are the Class-Ill employees of the Bihar State Religious Trust Board (for short the Board). They have come to this court raising a grievance that in spite of the fact that Board having amended the service conditions as also enhanced the age of superannuation of its employees under a notification bearing No. 248 dated 10.5.2005, Annexure-9 with effect from 2.4.2005 the petitioners are not getting the benefit of extended age of superannuation from 58 to 60 years. Learned counsel appearing on behalf of the Board and the State of Bihar while opposing the prayer has submitted that the notification of the Board dated 10.5.2005, Annexure-9 is required to be published in Official Gazette and steps have been taken to publish the same in the Official Gazette and no sooner the Gazette is published the State Government will apply its mind to the contents of the said notification in terms of the provisions contained in sub-section (3) of Section 83 of the Bihar Hindu Religious Trust Act, 1950 and if the State Government concurs with the decision of the Board as notified under notification dated 10.5.2005, Annexure-9, the petitioners shall be given the benefits of enhanced retirement age with effect from 2.4.2005, the date of the decision of the Board.

From the pleadings filed on behalf of the Board and the State of Bihar it appears that the notification of the Board bearing letter No. 248 dated 10.5.2005, Annexure-9 has been forwarded to the Collector, Patna for onward transmission to the Guljarbagh Printing Press, Patna and the notification is awaiting publication in the Gazette before the press authorities.

Let the respondents take appropriate steps to ensure the publication of the notification in the Official Gazette as early as possible and in any case within a period of two months from the date of production/ receipt of a copy of this order. Whereafter the State Government should apply its mind to the contents of the notification of the Board already published in Gazette in terms of sub-section (3) of Section 83 of the Bihar Religious Trust Board, i960 and shall either approve/confirm the resolution of the Board or pass such order as it deems fit within another two months from the date of publication of the Gazelle.

it is observed that while applying its mind the State Government shall bear in mind its own decision whereunder it has already enhanced the retirement age of its employees from 58 to 60 years with effect from 24.3.2005. The two writ petitions are disposed of in the aforesaid terms.