BHOPAL COOPERATIVE CENTRAL BANK Vs. NARAYAN SINGH SOLANKI

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 11/11/2021, passed by the learned Single Judge in Writ Petition No. 15467 of 2016, whereby, petition filed by respondent No.1 has been allowed.

(2.) The brief facts of the case are that the respondent No.1 was working as Peon with the appellant-Bank, namely, Bhopal Cooperative Central Bank. Vide order dtd. 29/7/2015 (Annexure P/3), he was directed to be superannuated w.e.f. 31/7/2015 presuming the age of superannuation as 60 years. After his superannuation, he made several representations requesting the appellant-Bank to reinstate him upto the age of 62 years on the basis of the decision taken by the Registrar of Cooperative Societies directing enhancement of the age of Class-IV employees of the District Central Cooperative Bank from 60 years to 62 years. Since nothing was done, therefore, he filed a petition before this court which has been allowed by the impugned order, against which, the appellant-Bank has filed the instant writ appeal.

(3.) Learned counsel appearing for the appellant-Bank has submitted that the learned Single Judge has erred in passing the impugned order by ignoring the fact that the appellant-Bank had adopted the resolution for enhancement of the age of Class-IV employees in its meeting dated 8. 09.2015 and the respondent No.1 stood retired on 31/7/2015, therefore, he has no right to continue upto the age of 62 years. He also submitted that the learned Single Judge has further erred while directing the appellant-Bank to grant all consequential benefits including the payment of salary etc. for the period upto the age of 62 years.