RAM NIHOR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner is a Cadre Secretary belonging to the Centralised Service created by U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976 (hereinafter referred to as Rules). By order dated April 4. 1997 he has been informed that he will retire on June 30, 1997, on which date he completes, 58 years of age. Being aggrieved by the said order he has filed this writ petition with the following averment. Petitioner joined a co-operative Society in 1963 as an Accountant under a contract. On 22.2.1966 a settlement (contract) was arrived at between the Co-operative Societies and their Employees Union of which the petitioner was a member under which the age of retirement of the employees like the peitioner was fixed at 60 years. There is neither any fresh settlement nor any award nor any legislation altering the said settlement. Therefore, he is entitled tocontinue in service up to the age of 60 years.

(2.) The sole contention of Sri B.N. Chaturvedi, learned Counsel for the petitioner is that in view of the settlement of 1966, it is not open to the respondents to retire the petitioner at the age of 58 years and he is entitled to continue in service up to the age of 60 years. The submission of Sri H.R. Mishra. learned Counsel for the respondents is that terms and conditions of the service of the petitioner are governed by the rules which have fixed the retirement age of the Secretary at 58 years vide Rule 29.

(3.) Section 122-A of the U.P. Co-operative Societies Act, 1965 thereinafter referred to as Act) empowers the State Government to create by Rules Centralised Services of such employees of such co-operative societies or class of co-operative societies as it may think fit. Section 122-A is quoted below :