VEENA KOHLI Vs. FAMILY PLANNING ASSOCIATION OF INDIA

JUDGEMENT

(1.) This revision petition under Section 115 ofthe Code of Civil Procedure, 1908. is directed against an order dated 1st ofFebruary 1992, passed by the Trial Court, dismissing an application of thepetitioner claiming payment of salary for the period of two years, afterattaming the age of 58 years, when she continued to woik under orders ofthe Court, during pendency of her suit for declaration that she was entitledto remain in service till she attained the age of 60 years.

(2.) . The petitioner Veena Kohli was employed by the first respondent,the Family Planning Association of India (FPAI). FPAI is a Society registered under the Societies Registration Act for promoting the family planningprogramme as a Field Worker. FPAI is funded by grants-in-aid by thesecond respondent Delhi Administration.

(3.) . A dispute arose about the age of superannuation of employeeslike the petitioner working in the FPAI. The employees claimed that theywere entitled to work upto the age of 60 years by virtue of paragraph 42 ofthe General Rules and Service Regulations, 1984. On the other hand, theManagement took up the stand, on the basis of an Office Order dated 26thof December 1988/2nd of January 1969, that their retirement age was 58years. FPAI sought to enforce this order on the employees as and whenthey attained the age of 58 years.