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2011 Supreme(Pat) 742

S.K.KATRIAR, SAMARENDRA PRATAP SINGH
Bihar State Co-operative And Marketing Union Ltd. , Biscomaun Bhawan, Patna, Through Its Secretary – Appellant
Versus
Mahesh Prasad Sharma Son Of Late Sahdeo Sharma – Respondent


JUDGEMENT

S.K.Katriar, J.

1. Heard Mr. Vikash Kumar for the appellant, Mr. Abhinav Shrivastava for respondent no.1, and Mrs.. Shail Kumari, SC-15, for respondent no. 2. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by respondent nos. 2 and 3 of C.W.J.C. No. 2299 of 2010*, whereby the writ petition has been allowed, and it has been held that the writ petitioner (respondent No. 1 herein) is entitled to the benefit of enhancement of retirement age to 60 years with consequential benefits.

2. A brief statement of facts essential for disposal of the appeal may be indicated. We shall go by the description of the parties occurring in the present memorandum of appeal. Appellant no.1 is a Cooperative Society registered under the provisions of the Bihar State Co-operative Societies Act, 1935. Respondent No.1 was one of its employees who attained 58 years of age on 31.3.2009.

2.1. The Government of Bihar by its decision dated 24.3.2005, enhanced the age of superannuation of its employees from 58 to 60 years. This led to demands from the various public sector undertakings and various other organizations functioning under the aegis o









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