DEV SHANKAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This special appeal is directed against the judgment and order of the Hon'ble Single Judge dated 11.02.2016 passed in Writ Petition No. 168 of 2011 Dev Shankar Singh vs. State of U.P. and others. Facts leading to the present special appeal are as follows: The petitioner -appellant Dev Shankar Singh was employed as Cadre Secretary in Sadhan Sahakari Samiti, Jaunpur. It is admitted to the petitioner -appellant that the services of Cadre Secretary including that of the petitioner are regulated by the U.P. Primary Agricultural Co - operative Credit Societies Centralised Service Rules, 1976 (hereinafter referred to as Rules, 1976) as well as by the U.P. Primary Agricultural Co -operative Credit Society Centralised Service Regulations 1978 (hereinafter referred to as Regulations, 1978).

(2.) Regulations of 1978 have been framed in exercise of powers under Section 30 of the Rules, 1976, which confers a power upon the State Cadre Authority of Primary Agriculture Cooperative Society to frame regulations with the prior approval of the Registrar, Cooperative Societies U.P. for member of the centralised services on their service matter, which may inter alia including conduct and discipline, penalty, disciplinary proceedings and appeals. Rule 29 of Rules, 1976 provides for age of retirement of the member of the centralised service as 58 years. Proviso to Rule 29 confers a power upon the appointing authority to compulsorily retire a member of the centralised service after he has attained the age of 50 years, if it is necessary to do so in public interest, by giving a notice in writing of a period of three months or pay in lieu thereof.

(3.) For ready reference Rule 29 is being quoted herein below: "29. Age of Retirement. - The age of superannuation of Members of Centralised Service shall be 58 years: Provided that any member of the Centralised Service may be retired compulsorily after attaining the age of 50 years, if it is considered necessary so to do in public interest by the appointing authority by notice in writing for a period of three months or pay in lieu thereof."