IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8180 of 2009
Md. Nemaji son of Late Fulman Mian, resident of Mohalla Alinagar
(Anishabad), Police Station Gardanibagh, Post Office Anishabad, District
Patna
Versus
1. The State Of Bihar
2. Minister of Agriculture, Government of Bihar, Old Secretariat, Patna
3. Agriculture Production Commissioner, Government of Bihar, Old
Secretariat, Patna
4. Managing Director, Bihar Rajya Beej Nigam Ltd., Agriculture Far
Campus, Mithapur, Patna
with
CWJC No.2700 of 2009
Ajneshwar Prasad, S/o Sri Ram Rup Saw, Resident of Mohalla Bhadraghat,
P.S. Gulgarbag, District Patna
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar
2. The Commissioner cum Secretary, Department of Home, Government
of Bihar, Old Secretariat, Patna
3. The Commissioner Cum Secretary, Department of Finance, Government
of Bihar, Old Secretariat, Patna
4. The Joint Secretary, Finance Department Cum Incharge Bureau of
Public Enterprises, Government of Bihar, Patna
5. The Principal Secretary, Agriculture Department, Government of Bihar,
Patna
6. The Managing Director, Bihar State Seeds Corporation Limited, Patna
7. The Company Secretariat, Bihar State Seeds Corporation Limited, Patna
07/ 06.07.2010
In response to the observations of this Court made under
orders dated 13.10.2009, counsel for the Bihar Seeds Corporation Ltd.
has filed supplementary counter affidavit on behalf of Respondents 2
and 4 to the first and second supplementary affidavit filed on behalf of
petitioner and with reference to the averments made in the said
supplementary counter affidavit, it is submitted by the counsel for the
Seeds Corporation that the deputationists serving in the Corporation
are also paid the salary and emoluments in the light of the
recommendations of the 4th Pay Revision Recommendations and not
in the light of the 5th/ 6th Pay Revision Recommendations as is being
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done in the case of the employees of the Corporation. Counsel,
however, submitted that in the Corporation deputationists, 35 in
number, are still serving and as the superannuation age of the
employees of the Corporation to which deputationists belong has
already been extended to 60 years, the deputationists shall be allowed
to serve the Corporation until they attain the age of 60 years
notwithstanding the fact that till date the Seeds Corporation has not
taken any decision to extend the age of superannuation of its
employees to 60 years.
2. The action of the Seeds Corporation not to extend the age
of superannuation of its employees to 60 years and to allow the benefit
of the extended retirement age to the deputationists on the ground that
the age of superannuation of the employees of the other
Corporation(s) to which the deputationists belong has been extended,
tantamounts to creating a separate class amongst the employees
without there being any tangible differentia to differentiate them from
the other employees of the Seeds Corporation appears to be arbitrary
violating the provisions contained in Article 14 of the Constitution of
India.
3. Accordingly, it is directed that the deputationists serving
the Seeds Corporation should also not be allowed to continue in the
Seeds Corporation beyond 58 years.
4. The writ application is, accordingly, disposed of.
Arjun/ (V.N. Sinha, J.)