RAJ KUMAR TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri H.R. Mishra, learned Senior Counsel assisted by Shri K.M. Mishra, learned counsel for the petitioner, learned Standing Counsel and Sri J.P. Pandey, learned counsel appearing for the sixth respondent- Cooperative Society.

(2.) Petitioner is assailing the order dtd. 18/12/2015, passed by the third respondent-Joint Secretary, Cooperative/Appellate Authority, U.P. Shasan, Lucknow, whereby, claim of the petitioner for retiring him at the age of 60 years as against 58 years has been rejected.

(3.) The facts giving rise to the writ petition is that the sixth respondent, a Cooperative Society, in the name and style 'Ordinance Factory Vetan Bhogi (Salary Earner) Cooperative Credit Society Limited, Mouradnagar, District Ghaziabad'1 registered under the provisions of U.P. Cooperative Societies Act, 19652. The Cooperative Society is governed by the non statutory bye-laws. It is self financed; service rules/regulation governing the service conditions of its employee has not been framed by the Cooperative Society. Petitioner came to be appointed Junior Clerk in 1971, and subsequently, Secretary of the Cooperative Society. It appears that the Cooperative Society, like other employees, was retiring the petitioner on attaining the age of superannuation at 58 years. Aggrieved, petitioner instituted a petition being Writ Petition No. 40744 of 2015, wherein, relief primarily sought was that the petitioner should be permitted to continue in service until completion of 60 years and pay regular salary. During pendency of the writ petition, on legal advise, petitioner filed a representation/petition under Sec. 128 of Act, 1965, before the fourth respondent-Joint Commissioner, Cooperative Society, Meerut Region, Meerut, challenging the communication of the Cooperative Society retiring the petitioner at 58 years. The fourth respondent upon hearing the parties vide order dtd. 1/10/2015, set aside the resolution of the Committee of Management retiring the petitioner at 58 years. Aggrieved, Cooperative Society preferred an appeal before the third respondent-Joint Secretary, Cooperative Tribunal/Appellate Authority, Lucknow, which came to be allowed by the impugned order dtd. 8/12/2015. Reliance was placed by the petitioner on the circular dtd. 30/8/2012, issued by the Registrar, Cooperative Societies addressed to all the Deputy Registrar and all District Assistant Registrar, Cooperative Societies, directing that no employee of the Cooperative Society should either be reappointed/re- engaged on attaining the age of superannuation i.e. 60 years. The circular is endorsed to all the Societies in the State.