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2008 Supreme(SC) 300

TARUN CHATTERJEE, HARJIT SINGH BEDI
Mundrika Dubey – Appellant
Versus
State of Bihar – Respondent


J U D G ME N T

HARJIT SINGH BEDI, J.:

1. Leave granted.

2. This appeal is directed against the order dated December 7, 2005 of the Division Bench of the Patna High Court whereby the judgment of the learned Single Judge dated October 12, 2004 dismissing the Writ Petition has been confirmed. The facts of the case are as under:

3. The appellants were appointed as Class IV employees i.e. Peons in the respondent-Bank in the year 1971. They have been compulsorily retired by the Bank vide order dated June 5, 2004 made purportedly under Rules 232 and 235 of the Bihar Rajya Shakari Bhumi Vikas Bank Samiti (hereinafter referred to as the "Rules"). Aggrieved against the order dated June 5, 2004, the appellants filed several writ petitions in the Patna High Court raising pleas, inter-alia, that the action taken by the Bank was not justified under Rule 232 as they had not been retired compulsorily on the ground of inefficiency and that Rule 235 was not a source of power so as to justify an order of compulsory retirement as it only dealt with the grant of contributory provident fund and gratuity to those employees who had reached the age of 50 ye









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