BHOPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court is employed as Junior Assistant Clerk in Ganna Kisan Sansthan, Muzaffar Nagar. The said Sansthan is run and managed by Lal Bahadur Shastri Ganna Kisan Sansthan, a Society duly registered under the Societies Registration Act. The petitioner is aggrieved by the notice dated 8.9.2009 informing the petitioner that he shall attain the age of superannuation, i.e., 58 years on 28.2.2010 and shall retire from service accordingly. The notice so issued to the petitioner has been challenged by means of the present writ petition.

(2.) Shri Rakesh Pandey, counsel for the petitioner submits that Lal Bahadur Shastri Ganna Kisan Sansthan is an State within the meaning of Article 12 of the Constitution of India inasmuch as State of U.P. exercises all pervasive control over the said Society. For the purpose, reliance has been placed upon the judgment of the Hon'ble Supreme Court of India in Civil Appeal No. 1572 of 2009 State of U.P. v. Radhey Shyam Rai, 2009 2 AWC 1771 decided on 6.3.2009 ;,.

(3.) He submits that under the Memorandum of Association, the power to lay down the terms and conditions of the employees of the Sansthan is with the governing body (Ref. Clause 29 (a) and (b) of the Memorandum of Association). In exercise of powers under the said Clause the Society has framed Service Rules known as Uttar Pradesh Ganna Kisan Sansthan Sewa Niyamawali, 1979. Rule 7.7 of the said Rules specifically lays down the age of superannuation of Class III employees as 58 years. It is not in dispute that the petitioner shall attain the age of 58 years on or before 28.2.2010. What is being contended before this Court is that the Board in its meeting held on 26.5.2006, passed a resolution enhancing the age of retirement of the employees of the Sansthan from 58 years to 60 years. However, a rider was added that approval be obtained from the State Government. Since the State Government has not granted the approval, Sansthan is retiring its employees at the age of 58 years.