RAM NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) in all the three writ applications petitioners are aggrieved because they have been retired on reaching the age of 58 years. All these petitioners are employees of various Milk Co-operative Societies, which are controlled by the nodal organisation known as Bihar State Co-operative Milk Producers' Federation (in short COMFED). Petitioners have submitted before this court that the societies in question are duty bound by the directives which has been issued to them by the Secretary, Department of Co-operative in his memo no. 1305 dated 15.5.2006. Perusal of this order indicates that this directive has been issued by the State Government while exercising its powers under Sec. 66B of the Bihar Co-operative Societies Act, 1935 . All the societies under whom these various petitioners have been working are governed by the Co-operative Societies Act and the directive according to the petitioner which has been issued by the Secretary of the Department is binding upon these societies.

(3.) It is necessary to take a look at the directives which has been issued and the same is contained at Annexure-2 of C.W.J.C. No. 7846 of 2006. It states that on various representations having been made to the State Government with regard to employees working under Co-operative Societies the Government has taken a concerted decision to enhance the age of retirement of employees working under Co-operative Societies to 60 years. This was done to bring some kind of parity between the age of retirement of employees under the State Government vis-a-vis the employees working under Co-operative Societies. This enhancement of age of retirement, however, was not absolute.