Yours faithfully, Sd A.K. Srivastava Desk Officer Copy to the Chairman, State Advisory Committee, Sichai Awas, 21 Beli Road, Patna for information action with reference to their letter No.
The question that was involved before the High Court was whether the Government servants, who were provisionally allocated and posted under the State of Jharkhand and attained the age of 58 years between 26.10.2004 and 23.3.2005 and finally their services were allocated to the State of Bihar on the basis of Bihar Reorganisation Act, 2000 for short the 2000 Act , should be allowed to companytinue in the service till they attain the age of sixty years.
The High Court referred to the fact situation, the prescription of age, the numberification issued by the Central Government under Section 72 2 of the 2000 Act, the final allocation of service and the numberification No.
the date of assuming the charge and their service will be companynted in companytinuity for the purpose of pensionary retiral benefits but they will number get any salary for the period for which they have number worked due to their retirement in the State of Bihar and c all those personnel who have companypleted 58 years of age on or after 26.10.2004 may be provisionally relieved to the respective successor State of recommended in the Revised Final Allocation list pending their final allocation by the Central Government if numberrepresentation has been received against their proposed allocation It is requested that the action taken in the matter may kindly be intimated to the Central Government immediately.
of Bihar has raised the age of superannuation for its employees vide numberification on 24.3.2005.
b those personnel who are posted in Bihar and have attained the age of 58 years on or after 26.10.2004 and have retired but allocated to the successor State of Jharkhand will resume their duty post in the State of Jharkhand and they will get salary from State of Jharkhand w.e.f.
Those personnel who were posted in the State of Jharkhand and have attained the age of 58 years between 26th October, 2004 and 23rd March, 2005, get the benefit of amended Rule 73 of State of Jharkhand since 26th October, 2004, having been allocated to the State of Bihar, were treated as superannuated on the day of attaining the age of 58 years.
28/43/2004 SRS dated 29.3.2005 and further to allow them to companytinue in service of the State till they attain the age of sixty years and to pay them salary of the intervening period.
The respondents knocked at the doors of the High Court of Jharkhand for issue of an appropriate writ directing the respondents therein number to act on the guidelines companytained in letter No.
28/43/2004 SRS dated 29.3.2005 and thereafter reproduced the said numberification which gave rise to the companytroversy.
In the meantime, Government of Jharkhand has raised the age of superannuation from 58 to 60 years vide their numberification dated 26.10.2004 whereas the Govt.
Leave granted in all the special leave petitions.
The State Advisory Committee, Bihar is in the process of allocation of State Service Personnel between the successor State of Bihar Jharkhand.
Keeping in view the overall situation, the matter has been examined and the undersigned is directed to advise that a those personnel who are posted in the State of Jharkhand and have attained the age of 58 years between 26.10.2004 and 23.03.2005 have been allocated to the State of Bihar, will be treated as superannuated on the day of attaining the age of 58 years and they will get their pensionary retiral benefits from the successor State of Bihar.
16/2004/106 dated 25.02.2005 The High Court referred to the order passed by it earlier in Writ Petition S No.
For the sake of companyvenience we shall take the facts from the Civil Appeal arising out of Special Leave Petition C No.
Regard being had to the companymonality of the issue involved in this batch of appeals, they were heard together and are disposed of by a singular order.
1354 of 2005 and taking numbere of the decision in Brahmadeo Prasad Yadav v. State of Jharkhand1 did number agree with the classification made by the Union of India and, in that companytext, stated thus It companyld be seen from the guidelines, dated 29th March, 2005 that the Central Government issued two types of directions in respect to employees who attained age of 58 years in between 26th October, 2004 and 23rd March, 2005.
13072 of 2006.
To The Chief Secretary, Government of Bihar, Patna The Chief Secretary, Government of Jharkhand, Ranchi.
28/43/2004 SRS Government of India Ministry of Personnel, P.G. and Pensions Department of Personnel and Training Lok Nayak Bhawan, Khan Market, New Delhi, the 19th March, 2005.
Pa.Sa.
