K S ANANDRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) . As the facts and the issues arising for consideration in these two writ petitions are similar, I propose to dispose of both these writ petitions by this common judgment/order.

(2.) . The main issue that is involved in both superannuation. It is contended on behalf of the petitioners that the age of retirement of the petitioners should be fixed at 60 years instead of 58 years. The petitioiners were appointed by the National Council for Cooperative Training (National 29/6/1993. In the said letter it is stated that the National Council for Cooperative Training has appointed the said petitioner as Direct. Recruit Professor w.w.f. 15/9/1992. It was also mentioned in the said letter that the petitioner would and Regulations of the NCCT in force from time to time.

(3.) Service conditions of the petitioner are governed by the service rules which are formulated and adopted by the National Council for Cooperative Trainins of the National Cooperative Union of India. A copy of the said Service Rules is placed paragraph 1.1 of the said Rules it is stated that Council for Cooperative Training (NCCT) or the National Cooperative Union of India (NCUI) Employees Service Rules, 1994. Sub-clause (i) thereof provides that the same would come into force from the date of issue after their approval by the National Council fur Cooperative Training (National Cooperative Union of India) and Government of India and shall supersede all other rules on the subject in force in the Council. Clause 9 thereof provides that in case of compulsory retirement/voluntary retirement, the Central Civil Service (Pension) Rules, 1972 as amended from time to time shall apply. On the it provides that an employee would retire from the service of the Council on his attaining the age of 58 years in case of Groups 'A' and 'B' employees in Academic Cadre on the last day of the month in which he or she attains the age of 58 years and in 'B' and 'C' on his or her attaining the age of 58 years whereas the Group 'D' employees on his attaining the age of 60 years.