KRIPAL PURI Vs. DISTRICT CANE OFFICER

JUDGEMENT

(1.) The petitioner, who is admittedly a seasonal employee of the Co-operative Cane Development Society Ltd., Bilari, Moradabad, is governed by the Regulations framed in exercise of power under Section 122 of the U.P. Co-operative Societies Act, known as U.P. Cane Co-operative Service Regulations, 1975. filed this writ petition with the following prayers : "1. to issue an order, direction or a writ in the nature of mandamus commanding the respondent No. 2 not to interfere with the performance of the functioning of the petitioner as seasonal payment Clerk-cum-Cashier and further respondents be directed to pay the entire salary of the petitioner which is due and as and when it false due till the age of his retirement of 60 years already decided by the order dated 10th October, 1996 (Annexure-VIII) passed by Respondent No. 1.

(2.) to issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(3.) to award the costs of the writ petition to the petitioner." 2. The facts leading to the filing of present writ petition are that the petitioner, whose date of birth in accordance with the servie book is 29th July, 1938, was informed by the Secretary of the Society vide his letter dated 9th February, 1996, a copy of which has been annexed as Annexure-2 to this petition, that since the petitioner's date of birth according to service book is 29th July, 1938 and he will be completing 58 years of age on 28th July, 1996, which is the date of superannuation, therefore, he will be retired by the end of the month i.e. on 31st July, 1996. Petitioner, in the writ petition, has referred to Fundamental Rule, 1956, which is admittedly not applicable to the case of the petitioner as he is employee of Cane Co-operative Society. The Regulation 47 of U.P. Cane Co-operative Service Regulations, 1975, which is applicable to the case of the petitioner is reproduced below so far as it is relevant for the present controversy: