Raj Kumar Srivastava vs State of U.P. and Others

N.K. Mehrotra, J.—These two writ petitions have been filed for quashing the retirement notice.

Petitioner Raj Kumar Srivastava was a Senior Clerk (Collection) working under District Assistant Registrar Co-operative Societies, Hardoi. He has challenged the retirement order dated 31.12.2001 superannuating him on attaining the age of 58 years.

Petitioner Ganga Singh has been the Collection Amin on commission basis. He has challenged the retirement notice dated 15.10.2001 superannuating him on attaining the age of 58 years.

The counter-affidavit and rejoinder-affidavit have been exchanged.

I have heard the learned counsel for the parties.

Admittedly the service condition of the petitioners are governed by the U.P. Co-operative Sangrih Kosh Niyamawali, 1982. Rule 18 of the rules deals with the retirement and dismissal, etc. It provides that in the matter of retirement and dismissal, the rules applicable in the case of the Government servant shall apply to those employees in whose case these rules apply.

Admittedly, in the case of the State Government employees, the Fundamental Rule 56 provides the rules regarding the age of retirement. Admittedly, it has been amended from 28.11.2001 and the age of superannuation has been extended from 58 years to 60 years vide Notification as contained in Annexure-2. In both the cases the petitioners were ordered to retire on 31.12.2001 on attaining the age of 58 years. While Rule 18 of U.P. Co-operative Sangrih Kosh Niyamawali, 1982, still exists and it provides that in the matter of retirement the rules applicable to the State Government employees shall apply in the case of the employees who are governed by those rules.

In view of the above, I am of the view that the age of the retirement of the petitioners shall be 60 years.

Accordingly, both the above mentioned writ petitions are allowed. The impugned orders retiring the petitioners are quashed and it is declared that they are entitled to all the benefits which they would have availed if, they had not retired on 31.12.2001.