GANESH DUTT PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has field this petition challenging the constitutionality of the amendment made by the respondent no. 2 vide order dated 3-6-2002 in Rule 72 (1) of the Bank karmachari Sewa (Niyojan, Nibandhan Tatha Unki Karya stithi) Niyam 1982 whereby the age of the superannuation of the petitioner has been reduced from 60 years to 58 years. The petitioner has also sought quashing of order dated 18-7-2006 issued by respondents No. 3 and 4 by which the petitioner has been superannuated with effect from 10-10-2006 on completing the age of 58 years. The petitioner has also claimed relief of a direction to the respondents to continue him in service till the age of 60 years.

(2.) THE petitioner has challenged the legal validity of the rules on the ground that the Rules have been made and notified without complying with the mandatory condition prescribed under Section 95 (3) of the M. P. Cooperative Societies Act, 1960 (hereinafter referred to as the `act") which provides that all rules made under the Act shall be laid on the table of the legislative Assembly and as the impugned rules have not been laid before the table of the Legislative Assembly, the impugned amendment deserves to be quashed.

(3.) THE respondents, per contra, have opposed the petition on the ground that the respondent No. 2, Registrar, has been given powers under Section 55 (1) of the Act to frame rules governing the terms and conditions of employment in a Society or Class of societies and the Registrar, in exercise of this power, has amended the rules governing the services of the employees working in Cooperative Banks in the State of M. P. In the return, the respondents have also stated that the respondent no. 4, Central Cooperative Bank who controls respondent No. 3, sent a proposal approved by its Board of Directors, to the registrar requesting him to amend the service rules by reducing the age of superannuation to 58 years as the financial position of the bank was not strong enough to be able to bear the financial burden resulting from the increased age of superannuation. The respondents have also filed a copy of the order passed by this Court on 26-11-2002 in Writ Petition No. 6323/2002 wherein the validity of the provisions of Section 55 (1) of the Act has been upheld and a similar order issued by the Registrar reducing the age of superannuation from 60 years to 58 years has also been upheld.