RAJENDRA KUMAR ARYA Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Srivastava, J. Short question canvassed for consideration in this petition is whether the petitioner, an employee governed by U. P. Co-operative Societies Employees Service Regulations, 1975 could claim to continue in the service upto the age of 60 years on the basis of Amendment in the Fundamental Rules by means of the Notification dated 27-6-2002.

(2.) THE petitioner claims to have entered the service as Lab Attendant indisputably a post in Category IV, on 24-7-1970 in the Dairy known as Infant Milk Food Factory, Dalpatpur Moradabad. By means of order- dated 1-9-1971, the petitioner received the first promotion as Lab Assistant and subsequently by means of order dated 8-12-1978; he was promoted to the post of Shift Dairy Chemist. By means of order dated 3-8-1990 the petitioner received further promotion on the post of Grade IV Manager Quality Control and again by means of order dated 20-11-2002 he was transferred and posted on the post of Manager Quality Control in the Cattle Feed Factory Meerut which is a post in the pay scale of Rs. 8000-13500.

(3.) BEFORE proceeding further, I feel called to acquaint myself with the provisions embodied in Regulations 6, 24-A and 24-B and Rule 27 being germane to the controversy involved in this petition. The aforestated Regulations are excerpted below : " (6) Every Co-operative Society shall with previous approval of the Board categorize its staff in Categories I, II, III and IV, keeping in view the emoluments, duties and functions of the employees. ***** 24. Retirement - The date of superannuation from service of an employee of a cooperative society shall be: (a) in the afternoon of the last day of the month in which he attains the age of fifty-eight years, if he is appointed to a post in Category I, II or III: Provided that, where, before commencement of the Uttar Pradesh Co-operative Societies Employees Service Regulations, 1975, the society had entered with an employee, at the time of his appointment, into a contract whereby he is entitled to be retained in service after the date on which he attains the age of 58 years, the provisions of this sub-clause shall not apply and the date of superannuation of such employee shall be determined in accordance with the terms of the said contract; (b) in the afternoon of the last day of the month in which he attains the age of sixty years, if he is appointed to a post in Category IV. ****** 27. Source of recruitment.- (i) Recruitment to various grades or categories of posts under a co-operative society shall, as far as possible; be so arranged that 25 percent of posts in Category I, 50 percent of posts in Category II and 85 percent of posts in Category III are held by persons recruited directly and the remaining posts in the said categories are held by persons appointed by promotion from amongst incumbents of the posts in the just below grade or category: Provided that the employees in Category IV shall be considered for promotion to posts in the lowest scale of pay in Category III to the extent of 15 percent of the sanctioned strength of posts in that category. (ii) Appointments to posts in Category IV, except the posts of Daftari, Jamadar etc. carrying a higher scale of pay, shall be made by direct recruitment, while the said posts of Daftari, Jamadar etc. carrying a higher scale of pay shall all be filled in by promotion from amongst employees working in the lower scale of pay in that category. (iii) Promotions to posts under a Co-operative Society, whether from one grade to another within the same category of posts or from one category of posts to another category, shall all be made on the Principle of seniority, subject to the rejection of the unfit and an employee shall not be eligible for promotion to the next higher grade or category unless he has put in continuous service for a minimum period of three years in the post held by him : Provided that the employees in Category IV shall be considered for promotion to posts in Category III under the proviso to clause (i) only after they have passed the Intermediate Examination of the Board of High School and Intermediate Education; Uttar Pradesh or any other examination recognized by the State Government as equivalent thereto. "