RAJENDRA PAL SINGH Vs. DISTRICT CANE OFFICER

JUDGEMENT

(1.) AT all material times the Appellant was working as a seasonal clerk and his services were governed by the U.P. Cane Union Cooperative Service Regulations, 1975 ( 'Regulations* for short). He filed a writ petition before a learned Judge of this Court challenging a notice issued by the Respondent No. 2 informing him that he would retire on 31 -12 -1991 on attaining the age of 58 years. According to the Appellant, unlike a permanent employee whose age of retirement is 58 years, his age of retirement would be 60 years. By a reasoned order the learned Judge rejected the writ petition and aggrieved thereby he has filed this special appeal.

(2.) REGULATION 3 of the Regulations classifies the members of the service to be governed thereby and clause (g) thereof relates to seasonal staff, which includes seasonal clerk like the Appellant. Regulation 47, which deals with compulsory retirement, expressly provides that the date of compulsory retirement of a member of the Cooperative Service, other than the 4th class employee, shall be the date on which he attains the age of 58 years. When Regulation 3 is read in juxtaposition with Regulation 47 the conclusion is inevitable that as the Appellant is not a 4th class employee who comes under clause 3(f) he has to retire on attaining the age of 58 years. That necessarily means that the appeal is without any merit and it is accordingly dismissed.