RAJVANSHI PRASAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY the present writ petition, the petitioner has prayed for issue of a writ, order or direction in the nature of certiorari for quashing the order of retirement dated 17th September, 2002 issued by respondent No.3 i.e. District Asstt. Registrar Cooperative Societies, Udham Singh Nagar retiring the petitioner w.e.f. 30.6.2002. A further prayer is made in the nature of mandamus directing the respondents to allow the petitioner to work till he attains the age of 60 years and to pay him all consequential benefits of the Government Service accuring from time to time.

(2.) BRIEF facts giving rise to the present writ petition according to the petitioner are that the petitioner was appointed as Kurk Amin by respondent No. 4 on 8th August, 1973 for relisation of outstanding dues of the various Cooperative Societies as arrears of land revenue. He was appointed on commission basis. He was given 6% of collection/recovery from the month of August to March and 4% from the month of April to July.

(3.) THE grievance of the petitioner is that he should have been treated as the Government Servant keeping in view the judgment of the Apex Court in State of U.P. Vs. Chandra Prakash Pandey & others reported in JT 2001 (4) SC 145 and he should have been retired at the age of 60 years and as such, the letter dated 17th September, 2002, which was given to the petitioner on 19th September, 2002 informing him that he is being treated as retired on 30th June, 2002 is wholly illegal.