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2019 DIGILAW 1131 (JHR)

Dalo Thakur v. State of Jharkhand

2019-06-14

SANJAY KUMAR DWIVEDI

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JUDGMENT : 1. Heard learned counsel for the Parties. 2. The petitioner has preferred this writ petition for quashing the letter No. 190/09 Koderma dated 31.10.2009 issued by the respondent no.3 through which the petitioner has illegally been retired from the service of the Corporation with effect from the afternoon of 13.11.2009 on attaining his respective age of 58 years against the decision of the Corporation through which the age of retirement has been enhanced to 60 years with retrospective effect from 20.12 2004 and also against the policy decision of State Government and further prayed that concerned respondent may be directed to allow the petitioner to continue in the service of the corporation till he attains his age of superannuation of 60 years in tune with the policy decision of the State Government. 3. The learned counsel for the petitioner submits that the date of birth f the petitioner is 13.11.1951 and he was appointed under the erstwhile company running the Mica Mines as a Semi Skilled Worker on 14.11.1972 at Dhorakola Division and subsequently the Mica Mines were taken over by the State Government and were handed over to the respondent corporation with effect from 9.3.1986 to manage and run the Mines under the dated 27.8.1985 of the Hon'ble Apex Court passed in Civil Miscellaneous Petition No. 35248-54 of 1985 (In Civil Appeal No. 3013-18 and 2116 of 2982) State of Bihar and Ors etc. It is further stated that the petitioner has wrongly been retired from the service on 17.11.2009 on attaining age of the petitioner. Actually the petitioner would retire from service on attaining age 60 years on 13.11.2011. 4. From perusal of the supplementary counter affidavit it appears that State of Jharkhand has enhanced the retirement age of the State Government employees from 58 to 60 years w.e.f October 2004. It further appears that the JSMDC also adopted the same for its employee vide Board Meeting Resolution No. 14/D/7 dated 24.9.2005 and implemented the enhanced date of retirement for its employee with retrospective date. It further appears that the JSMDC also adopted the same for its employee vide Board Meeting Resolution No. 14/D/7 dated 24.9.2005 and implemented the enhanced date of retirement for its employee with retrospective date. It further appears that the petitioner has already retired from the service of the EMM and JSMDC being the care taker has been paying all the wages in time for the work rendered or taken by them and thus if the date of retirement is now enhanced and implemented the balance of two years of wages may be waived in the light of no work no pay principle and same period shall be allowed to be taken into consideration for making calculation of final gratuity deducting the already paid amount as JSMDC ha already been put to loss by Rs. 10.23 crores of Rupees. It further appears that the Board of Directors of the Corporation in its 11th Board meeting held on 20.12.2004 vide agenda No. 11/9 have agreed and resoled that the superannuation age with regard to the employees of the corporation be increased at par with the State Government employees. It is stated that Corporation has agreed in principle to enhance the age of superannuation of its employee at par with the State Government employees from 58 years to 60 years It further appears that Hon'ble Apex Court has been pleased to hold that employee posted and working at the Koderma Mica of the Respondent corporation are entitled to continue in service till they attain sixty years of age and whoever paid their wages till 58 years of age shall continue t pay their wages and allowances till they attain the age of sixty years. 5. The coordinate Benches of this Court taking into account the order of the Hon'ble Apex Court have also disposed of the writ petitions vide W.P.(S) No. 5835 of 2008,W.P(S) No. 3569 of 2009 and W.P.(S) No. 3888 of 2014 directing the respondents to consider the case of the petitioner in accordance with the decisions rendered by the Hon'ble Apex Court and after scrutiny of relevant documents, if it is found that the petitioner's grievances genuine and the case of the petitioner is squarely covered with aforesaid decision of Hon'ble Apex Court, legally admissible dues shall be paid to the petitioner . 6. 6. Having heard the learned counsel for the parties and also in view of the order passed by the Hon'ble Supreme Court and coordinate Bench of this Court , this court is inclined to entertain this writ petition. Accordingly, this writ application is allowed and the petitioner is entitled to retire from the service at the age of 60 years. Thus it will be deemed that the petitioner continued in service on the attaining the age of 60 years and he would retire from service on 13.11.2011 not on 13.11.2009.Consequently he will be entitle to get all the benefit including the salary as he was working in the corporation till the date of retirement. 7. This court expects that the respondents shall pass an appropriate order for payment of consequential benefits as early as possible preferably within six weeks from the date of the receipt/production of a copy of this order. 8. With the aforesaid observation, this writ application stands disposed of.