SURYA BHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a petition for issuing a writ of certiorari quashing the retirement order dated 19.12.2003 passed by the opposite party No. 4 as contained in Annexure-1 to the writ petition and for issuing a writ of mandamus declaring Regulation 47 (1) of the U.P. Cane Co-operative Service Regulations, 1975 as ultra vires.

(2.) Impugned order Annexure-1 is retirement notice by which the petitioner has been asked to retire on superannuation at the age of 58 years with effect from 31.1.2004.

(3.) The petitioner is a seasonal clerk in service of the Cane Union, Mankapur, District Gonda. The case of the petitioner is that he was appointed on 28.3.1970 when there was no service rules or regulations. In the year 1975, U.P. Cane Service Regulations (hereinafter referred to as the 'Regulations') were framed which govern the service conditions of the petitioner. Admittedly, under Regulation 47, the age of superannuation of Class III Employee is 58 years. It is alleged by the petitioner that the State Government vide Notification dated 28.11.2001 (Annexure-3) has amended Rule 56 (a) of the U.P. Fundamental Rules whereby the existing age of retirement of the Government servant has been enhanced to 60 years. According to the petitioner, the Co-operative Societies registered under the Cooperative Societies Act, 1965 are State Instrumentalities and as such the members of the Cane Union should be governed by the Notification dated 28.11.2001 regarding the age of superannuation because in other matters such as dearness allowance and house rent, the rates prescribed by the Government are applicable, to the members of the Cane Union as per the order of the State Government dated 9.2.1984. A copy of the Government Order dated 9.2.1984 is Annexure-4.