LALTA PRASAD SINGH Vs. REGISTRAR, CO

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issuing a Writ of Certiorari to quash the impugned order dated 7.6.2003 passed by the opposite party No. 2 Annexure- I and a writ of mandamus commanding the opposite parties to permit the petitioner to discharge his duties as seasonal clerk of Co-operative Cane Development Society.

(2.) Heard the learned Counsel for the petitioner and Shri A.K. Pandey, learned Standing Counsel for the opposite parties. The impugned order dated 7.6.2003 Annexure-I is the retirement notice by which the petitioner has been directed to superannuate with effect from 31.12.2003 at the age of 58 years. Admittedly the petitioner has been the seasonal clerk in Co-operative Cane Development Society., Lakhimpur Kheri. The service conditions of the petitioner are governed by U.P. Cane Co-operative Service Regulations, 1975 (hereinafter referred to as the 'Regulations') framed by the Registrar, Co-operative Societies under Section 121 of the U.P. Co-operative Societies Act.

(3.) The case of the petitioner is that he is civil servant discharging public duties belonging to the marketing of sugarcane to sugar mills under the control of the District Cane Officer, Lakhimpur Kheri and thus the service rendered by a seasonal clerk pertain to discharging of the functioning of the State. It is averred in the petition that Vth Pay Commission enhanced the age of superannuation of the civil servant to be raised from 58 to 60 years and Govt. of Uttar Pradesh has accepted the same and has enhanced the age of superannuation of the government servant. The Registrar, Co-operative Societies did not treat the seasonal clerk of the Cane Development Societies of the State to be the State Government servant in respect of the age of superannuation. The Regulations do not contemplate the retirement of a seasonal clerk and no age of superannuation has been laid down in the Regulations. Regulation 47 of the Regulations is as follows :