YOGESH CHANDRA BAJPAI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is an Officer on Special Duty in Lal Bahadur Shastri Ganna Kisan Sansthan, U. P. , Lucknow a society registered under the U. P. Cooperative Societies Act. It is contended by the learned counsel for the petitioner that under bye laws no. 29 the Governing Council has been empowered to frame rules governing the service conditions of an employee. In pursuance of the said power it is stated that the governing council framed rules and in Rule 7. 7 it is provided that the employees of the Society other than Class IV would superannuate at the age of 58 years. Subsequently, a resolution was passed by the Governing Council dated 6. 5. 2006 by which it has resolved that on principle it accepts that the age of superannuation of employees be raised to 60 years subject to the approval of the State Government. Counsel for the petitioner submits that the papers in the matter were sent to the State government as for back as on 6. 5. 2006 but as yet no decision has been taken by the State government. It is submitted that the petitioner would superannuate on 31. 12. 2008. It is also submitted that in fact no approval is required by the State government. Learned standing counsel submitted that the resolution of the governing council itself requires the same to be approved by the State government and that the mere resolution dated 6. 5. 2006 does not amount to an amendment to the rule regarding age of superannuation, which still continues to be 58 years. Standing counsel states that he has received instructions to the effect that as yet no decision has been taken by the State government. He also submits that under the transitory provisions the State government can give directives to the society and in this case as the society itself has sought the approval of the State government the State government is competent to pass an order. In the facts and circumstances of the case without expressing any opinion on the merits of the case as an interim measure we direct that the State Government may take appropriate decision in the matter before 31. 12. 2008. The standing counsel may communicate this order to the State Government by FAX and other appropriate mode. The petitioner may also file a copy of this order before the State government within three days. List this case on 13. 1. 2009. Copy of the order may be given to the counsel for the parties today on payment of usual charges. .