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2008 Supreme(Pat) 89

BARIN GHOSH, J.N.SINGH
Lala Nand Kumar – Appellant
Versus
Bihar State Food And Civil Supplies Corporation Ltd. – Respondent


Judgment

1. Both the Letters Patent Appeals are barred by limitation.

2. Considering the averments made in the applications for condonation of delay and having regard to the question of law involved in the appeals, after hearing learned counsel for the parties, we allow the applications for condonation of delay and direct the appeals to be registered.

3. The appellants in both the Letters Patent Appeals and the writ petitioners in the connected writ petitions were the employees of the respondent Corporation and attained the age of 58 years in between 24th March, 2005 and 29th July, 2006.

4. Bihar Service Code, containing rules framed under proviso to Article 309 of the Constitution of India, governs some of the service conditions of the officers and employees of the State Government. Rule 73 thereof prescribes the age of superannuation of such officers and employees. Until 23rd March, 2005, in terms of Rule 73 of the said Code, the age of superannuation of the officers and employees of the State Government was 58. On 24th March, 2005 the State Government amended Rule 73 of the said Code and thereby enhanced the age of superannuation of its officers and employees to 60 years.

5. The






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