Judgment 1. Heard learned counsel for the petitioners, learned counsel representing different Zila Parishads and learned counsel for the State of Bihar. 2. Petitioner No. 1 in C.W.J.C. No. 8583 of 2005 is the registered Association of the employees of the different Zila Parishad of the State having registration no. 3041 for 1987 and it appears the said Association has been formed to look after the service interest of the employees of the different Zila Parishad who are the members of the Association. Petitioner No. 2 in C.W.J.C. No. 8583/05 is a Zila Parishad employee and member of petitioner no. 1 Association who was made to retire on 31.7.05 on attaining the age of 58 years. Petitioner of C.W.J.C. No. 7598 of 2006 earlier served the Zila Parishad as its District Engineer and is said to have superanuated from the said post on 31.7.05 on attaining the age of 58 years. He is also the member of the aforesaid Association. 3. C.W.J.C. No. 8583 of 2005 has been filed for a direction to the different Zila Parishad of the State not to superannuate any of their employees on attaining the age of 58 years w.e.f. 24.3.2005, the date of the Resolution of the State Government bearing memo no. 1550 dated 24.3.05 whereunder the age of superannuation of the State Government employees was extended from 58 to 60 years with further decision to make corresponding amendment in the Bihar Service Code. In this connection it is submitted that the service conditions of the employees of the Zila Parishad is governed by Bihar Panchayat Samiti Rules, 1964. Rule 5 whereof required option to be exercised by the employees of the Zila Parishad as to whether they shall be governed by the same service conditions applicable to the State Government employees. The option in terms of Rule 4 was exercised by the employees of the Zila Parishad including the members of the petitioner-Association petitioner no. 2 of C.W.J.C. No. 8583 of 2005 and petitioner of C.W.J.C. No. 7598 of 2006 that the service condition applicable to the State Government employees should also apply to them. Once the State Government issued the said resolution dated 24.3.2005, the same shall also govern the retirement age of the employees of the Zila Parishad. 4. 2 of C.W.J.C. No. 8583 of 2005 and petitioner of C.W.J.C. No. 7598 of 2006 that the service condition applicable to the State Government employees should also apply to them. Once the State Government issued the said resolution dated 24.3.2005, the same shall also govern the retirement age of the employees of the Zila Parishad. 4. With reference to Rule 5 of the aforesaid Rules as also the option exercised by each of the employees of the Zila Parishad within the time granted under Rule 5 it was submitted by learned counsel for the petitioners that once the State Government has issued resolution dated 24.3.2005 extending the age of superanuation of its employees the same should apply even to the employees of the Zila Parishad as they are bound by the same service condition which is applicable to the State Government employees. Ignoring the said resolution petitioner no. 2 of C.W.J.C. No. 8583 of 2005 and petitioner of the C.W.J.C. No. 7598 of 2006 were made to retire after 24.3.2005 before they reached the age of 60 years and the action of the concerned Zila Parishad to retire them is contrary to the service conditions applicable to the employees of the Zila Parishad by virtue of Rule 6 of the rules and the option exercised by them earlier. 5. Counsel for the Zila Parishad states that the General Body of the Zila Parishad has also taken a decision to extend the age of its employees from 58 years to 60 years and has forwarded its decision to the State Government for further approval in the light of the instruction of the State Government bearing memo no. 5369 dated 29.12.2005 and no sooner the approval is communicated to the Zila Parishad they shall abide by the extended retirement age. 6. 5369 dated 29.12.2005 and no sooner the approval is communicated to the Zila Parishad they shall abide by the extended retirement age. 6. Having heard the counsel for the parties and having considered the provisions of the Bihar Panchayat Raj Act, 1993 as also the provisions contained in Rule 5 of the 1964 Rules (which is still in vogue by virtue of Sec. 27 of General Clauses Act) I am of the view that the decision of the State Government to extend the retirement age of its employees from 58 years to 60 years its ipso facto applicable to the employees of the Zila Parishad as they have already exercised their option to be governed by the service conditions applicable to the State Government employee. In my opinion, there is no requirement to seek further approval of the State Government for enhancing the age of superannuation of the employees of the Zila Parishad from 58 to 60 years with effect from 24.3.2005 the date of resolution of the State Government. As the petitioner no. 2 of C.W.J.C. No. 8583 of 2005 and petitioner of C.W.J.C. No. 7598 of 2006 have been made to superannuate after 24.3.2005 without completing the age of 60 years their superannuation is premature and this Court accordingly directs that they be taken back in service of the Zila Parishad concerned and paid all arrears of salary between the date of superannuation till the date of this order as also continued in service until they reach the age of superannuation i.e. 60 years. The writ petitions are disposed of.