SUKANTA CHANDR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who was working as Senior Assistant in the establishment of Odisha Police Co-operative Syndicate, Cuttack and attained the age of superannuation on 31.08.2014, seeks for a direction to continue in the post till completion of 60 years of age pursuant to resolution dated 28.06.2014 passed by the Government in Finance Department and to extend all the consequential service benefits as due and admissible in accordance with law.

(2.) The short fact of the case, in hand, is that the Odisha Police Co-operative Syndicate Ltd., Cuttack is registered under the Bihar and Orissa Co-operative Societies Act, 1953. To regulate the service condition of the employees of the Societies, in exercise of the power conferred under Section 33-A of the Orissa Co-operative Societies Act, 1962 (in short, "the Act, 1962"), Rules have been framed called "Staff Service Rules of Orissa Police Co-operative Syndicate, 1990"( in short the "Staff Service Rules"). In the said Rules, the age of superannuation has been prescribed as 58 years in respect of the categories of the employees like that of the petitioner. Accordingly, notice was issued on 21.07.2014, vide Annexure-1 relieving the petitioner from the service in the afternoon of 31.08.2014 on attaining the age of superannuation as his date of birth is 18.08.1956. Prior to such notice issued vide Annexure-1, the Government of Orissa in Finance Department issued a Resolution on 28.06.2014 enhancing the retirement age of State Government employees on superannuation from 58 years to 60 years. In view of the enhancement of age of retirement of the State Government Employees, pursuant to Resolution dated 28.06.2014, vide Annexure- 2, the petitioner claims that similar benefit has to be extended to the employees of the Society enhancing the age of superannuation from 58 to 60 years. Hence this application.

(3.) Ms. S. Mohapatra, learned counsel for the petitioner submits that since the Government of Odisha in its Finance Department has passed the Resolution enhancing the retirement age on superannuation of State Government employees from 58 to 60 years vide Annexure-2, similar benefit should be extended to the petitioner, in view of the fact that the proposal of the Society has been sent to the Registrar Co-operative Societies on 31.07.2014 for amendment of the Staff Service Rules by enhancing the age of superannuation of its employees from 58 years to 60 years. During pendency of the case since the petitioner retired from service, he may be extended the benefit of continuance of service till 60 years. This Court passed an interim order on 27.08.2014 that the superannuation of the petitioner shall remain subject to the result of the writ petition. It has also been indicated that the pendency of the writ petition shall not be a bar for the opposite parties to take final decision in the matter of increase of the age of superannuation. In compliance to the said order the Registrar, Co-operative societies by Letter dated 29.09.2014 enhanced the retirement age to 60 years in exercise of power conferred under Section 33-A of the Act, 1962. Since the decision has already been taken for enhancement of age from 58 to 60 years on 29.09.2014, the same benefit should be extended to the petitioner by allowing him to discharge his duty till he attained the age of superannuation.