RAMESH CHANDRA YAGIK Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 and 3 as well as Sri Ashok Kumar Lal, Advocate for respondent no. 2.

(2.) It is not in dispute that under statutory rules the age of retirement is 58 years. Statutory rules do not contain provision permitting any re-appointment or re-employment on the post concerned after the incumbent has attained age of superannuation and is liable to retire. When the age of retirement is provided in statutory rules, the incumbent after attaining the said age cease to continue by operation of law and it would not depend upon volition of any of the parties.

(3.) Learned counsel for the petitioner drew my attention to a Government Order dated 30.07.2008 which says that concerned cooperative societies may reappoint a Secretary after age of retirement for a further period of two years in case the Committee of Management so resolved.