Haribansh Singh vs State of U.P. and Others

Sudhir Agarwal, J.—Heard Shri S.K. Singh, learned Counsel for the petitioner and Shri D.P. Singh appears for respondent No. 2 and learned Standing Counsel for respondent No. 1.

The petitioner-applicant filed, writ petition claiming that under the existing Rules the age of retirement of the petitioner is 58 years but a decision has been taken to extend age of retirement to 60 years and the proposal has been sent for approval and pending before the Government for extending the age of superannuation, but without awaiting for amendment in the rules, the authorities are retiring the petitioner on attaining the age of 58 years i.e. w.e.f. 31.1.2006. Since under the existing Rules and Regulations, applicable to the service of the petitioner, the age of retirement was 58 years, this Court found that so long as Rules are not amended, the authorities are well within their right to retire petitioner on attaining the age of 58 years and the writ petition was accordingly dismissed vide judgment dated 28.3.2006.

Petitioner thereafter it appears preferred a Special Appeal No. 466/06 changing his Counsel and the said appeal was withdrawn on 16.5.2006 stating that he intend to prefer a review application. Now petitioner has filed this review application stating that in respect to the Government employees the age of superannuation has been extended by two years by Government Notification dated 28.11.2001. A copy of the aforesaid notification is (Annexure No. 1) to the review application. It is further submitted that in Chapter-VI, Rule 33 of the U.P. Primary Agricultural Co-operative Societies Centralized Service Regulations, 1978 (hereinafter referred to as 1978 Regulations) it is provided that in the matter of casual leave, earned-leave, medical leave etc. the provisions applicable to other Government servants shall be applicable to the persons governed by the said rules namely 1978 Regulations. He further submitted that in similar matter interim orders have been passed by this Court, therefore the petitioner is entitled to continue upto the age of 60 years. In para 6 of the review application, it is also averred that Regulation 24 of 1975 Regulations has been amended vide notification dated 3.10.2004 enhancing the age of retirement to 60 years.

I have heard learned Counsel for the petitioner. I do not find any force in any of the submissions.

Admittedly, the service conditions of the petitioner are governed by the U.P. Primary Agricultural Co-operative Societies Centralized Service Regulations, 1978. In para No. 3 of the supplementary affidavit dated 26.3.2006, the petitioner has averred:

That the terms and conditions regarding the leave and taking the charge of the employee of Co-operative Societies Employees will be the same as of State Government Employees and this has been mentioned in Chapter 6 of the Guidelines of the U.P. Primary Agricultural Co-operative Credit Societies Centralized Service Regulation, 1978. A photocopy of the Chapter 6 of the guidelines regarding the leave and taking charge of the employee is (Annexure No. SA-2) to supplementary affidavit.

Again in para No. 5 of the review application it has been reiterated that 1978 Rules are applicable to the petitioner. Para No. 5, which is being reproduced as under:

That the terms and conditions regarding the leave and taken the charge of employee the Co-operative Societies employees will be same as the State Government Employees and has been mentioned in Chapter 6 of the guidelines of the U.P. Primary Agricultural Co-operative Societies Centralized Service Rules, 1978. A copy of Adhyaya-6 Marg Nirdeshika is (Annexure No. 2) to the affidavit filed in support of review application.

Under Rule 27 of 1978 Regulation, the age of retirement of the members of Primary Agricultural Co-operative Credit Societies is prescribed as 58 years which is reproduced as under:

"Retirement:

(a) The age of retirement of a member shall be 58 years.

(b) Notwithstanding anything contained in clause (a) above any member may be required by the District Committee or permitted at his own request to retire from service on attaining the age of 50 years.

(c) Nothing contained in clauses (a) and (b) above shall affect the right of the District Committee to retire a member on his being incapacitated for future continuance in service due to his continuous illness:

Provided that before acting upon the clause, the District Committee shall hear the member and also satisfy itself about the nature of his incapacity.

It is pertinent to mention that 1978 Regulations have been framed by the State Cadre Authority under Rule 7 of U.P. Primary Agricultural Co-operative Societies Centralised Service Rules, 1976 (hereinafter referred to as 1976 Rules) and in exercise of the power contained under Rule 30 thereof. Under 1976 Rules also the age of retirement of the members of the Centralised Service of Primary Agricultural Co-operative Credit Societies has been prescribed which reads as under:

Age of retirement:�The age of superannuation of Members of Centralized Service shall be 58 years:

Provided that any member of the Centralized Service may be retired compulsorily after attaining the age of 50 years, if it is considered necessary so to do in public interest by the appointing authority by notice in writing for a period of three months or pay in lieu thereof.

It is not disputed by learned Counsel for the parties that neither Rule 29 of 1976 Rules nor Rule 27 1978, Regulation has been amended so far enhancing the age of retirement from 58 to 60 years. This aspect has also been considered earlier by me in Writ Petition No. 74749 of 2005, Girraj Prasad Sharma v. State of U.P. and Ors. decided on 8.12.2005 and it was noticed that only in U.P. Cooperative Societies Employees Service Regulations, 1975, an amendment has been made vide notification dated 30.10.2004 in Regulations 24 and the age of superannuation has been enhanced from 58 to 60 years but in respect to Primary Co-operative Societies which are governed by 1976 Rules or 1978 Regulations, no amendment has been made till date and the age of superannuation is still 58 years under the aforesaid provisions. Since the petitioner is governed by the 1978 Regulations and admittedly it provides the age of retirement as 58 years there is no illegality in retiring the petitioner at the age of 58 years;

The learned Counsel for the applicant has referred to the notification dated 30.10.2004 showing that amendment has been made but the submission is apparently misleading. The aforesaid notification publishes 11th Amendment of U.P. Co-operative Societies Employees Service Regulation, 2004 making amendment of Rule 24 of 1975 Regulations, which are not applicable to the petitioner. The 1975 Regulations are not applicable to the persons employed in Primary Agricultural Credit Co-operative Societies and they are governed by 1976 Rules and 1978 Regulations.

In this view of the matter, I do not find any error apparent on the face or the record in my order dated 28.3.2006 dismissing the writ petition. Accordingly this review application is dismissed with costs of Rs. 2,000/-.