RAM NARAIN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) IN several petitions questions are raised as to the age of super annuation of Secretary of Co-operative societies who have become members of Centralised Service Rules as promulgated w. e. f. 19-8-1976 and subsequently amended as per notification dated 8-6-1984.

(2.) WRIT Petition No. 23491 of 1996 has been filed by Ram Narain Pandey, who has admitted in para No. 4 of the writ petition that he became a member of the Centralised Service in the year 1977. Kat-waroo Prasad, petitioner, in WRIT Petition No. 23550 of 1996 has said that the petitioner was a member of Sachan Sah-kari Samiti at Panchayat level which was not a Primary Agricultural Co-operative Society within the meaning of the Centralised Service Rules, 1975. He, how ever, has admitted that he is effected by the order dated 7-7-1996 which has been passed by the member Secretary, District Administrative Committee Co-operative, Jaunpur treating him to be a member of the centralised service. From the aver ments made in the writ petition it is clear that this petitioner had at no time exer cised option denouncing the absorption in the centralised cadre.

(3.) RAM Achal Misra, the petitioner in Writ Petition No. 23910 of 1996 likewise challanges the order dated 18-6-1996 (An-nexure No. 2) whereby the Member Secretary, District Administrative Com mittee Co-operative, Jaunpur has proposed to treat the petitioner as super annuating on reaching the age of 58 years to be attained on 31 -7-1996. Therefore, as is evident all the petitioners challenge on one fact and i. e. that they are not to be superannuated on attaining the age of 58 years. They con tended that every one of them is to con tinue till they attained the age of 60 years because at the time of their entry in the original service of the then society con cerning each one of them he was governed by a contract of service which permitted them to go upto the age of 60 years. Learned counsel for the petitioners namely Sri RAM Krishna, Sri J. P. Narain, Shri Suresh Singh, Shri Lallan Prasad Singh and Shri Suresh Kumar Srivastava have been heard at considerable length. Shri O. R Singh as well as Shri Hemant Kumar and Shri R. N. Ojha have repre sented the various opposite parties in these petitions. Shri S. M. A. Kazmi, Addi tional Chief Standing Counsel has also been heard on behalf of the State of U. P. Since the questions raised have to be decided on the provisions existing and the pleadings already made in the writ peti tions, it is being finally disposed of after hearing the learned counsel for the parties at the admission stage without calling for counter affidavits. In view of the narration of fact con tained above, it is clear that each one of the petitioners had already been absorbed into the Centralised Service Rules of 1975. To know what these Centralised Service Rules are one may have a look at Section 122- A incorporated in the U. P. Co-opera tive Societies Act, 1965 by U. P. Act No. 12 of 1976. The aforesaid Section 122-A provides that the State Government may by rules create one or more services of such employees of such Co-operative Societies or class of Co-operative Societies as the State Government may think fit, Common to such Co-operative Societies and prescribe the method of recruitment, appointment, removal and other conditions of service of persons ap pointed to any such service.