MAHAVEER PRASAD MAHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is in employment of Churu Zila Dugdh Utpadak Samiti Limited, Sardar Shahar, Churu (hereinafter referred to as the 'Milk Union') in the capacity of Dairy Supervisor. As per Rajasthan Co-operative Dairy Federation Employees (Supervisory) Staff Conditions of Recruitment and Promotion Regulation, 1980, the age of retirement applicable to the petitioner is 58 years. The Registrar, Co-operative Societies, Government of Rajasthan, Jaipur under an order dated 17.9.2008 directed the Co-operative Societies having State capital share to revise the age of retirement by taking into consideration several factors including economic condition and staff strength of the Society concerned. The prime consideration as per order dated 17.9.2008 for revising the age of superannuation was the economic interest of Society. The order dated 17.8.2008 specifically provides that the Co-operative Societies suffering loss from the last three consecutive years or having excess staff than the sanctioned staff strength, if decides to increase the age of retirement, then such decision shall be forwarded to the competent authority prescribed by the Registrar, Co-operative Societies. The petitioner was to retire on 30.4.2012 on attaining the age of superannuation, thus, on 27.4.2012 this petition for writ was preferred to have a direction for the respondents to increase the age of retirement from 58 years to 60 years by revising the same in accordance with the order dated 17.9.2008. Reliance was placed by the petitioner upon Division Bench judgment of this Court in D.B. Civil Special Appeal No.165/2010 (Paschimi Rajasthan Dugadh Utpadak Sangh Sahakari Sangh Limited Vs. Kantilal Ojha & Ors.) dated 8.3.2011. By the judgment aforesaid, the Division Bench of this Court directed several Milk Unions like Churu Zila Sahakari Dugadh Utpadak Sangh Limited to reconsider the matter of enhancement of age of superannuation in the light of order issued by the Registrar on 17.9.2008. Suffice it to mention here that alleging non-compliance of the directions given by the Division Bench in the case aforesaid several contempt petitions were filed and, those, came to be disposed of on 23.12.1991 with a fresh direction to reconsider the entire issue within a period of two months. The submission of learned counsel for the petitioner is that the respondent ­ Churu Zila Sahakari Dugadh Utpadak Sangh Limited has not reconsidered the issue pertaining to increase in the age of superannuation as directed by the Division Bench of this Court. It is also pointed out, that against the order passed by the Division Bench, a Special Leave Petition was preferred before Hon'ble Supreme Court being Special Leave Petition (Civil) No.8440 of 2012 and that has been disposed of with a direction to reconsider the issue of enhancement of age from 58 years to 60 years by keeping in mind the communication of Registrar, Co-operative Societies dated 17.9.2008 and the clarification made thereafter without being influenced by the earlier decision of the High Court. As per learned counsel, the respondent Society, thus, is required to reconsider the entire issue with regard to increase in age of superannuation by keeping in mind the instructions given by the Registrar under the order dated 17.9.2008.

(2.) Per contra, as per learned counsel for the respondents the respondent-Churu Zila Sahakari Dugadh Utpadak Sangh Limited, Sardar Shahar has also considered the entire matter thoroughly and resolved not to increase the age of superannuation. It is submitted that in view of the directions given by the Board of Directors of the respondent-Milk Union that met on 22.3.2012 and considered the entire issue afresh by keeping in mind the directions given by the Registrar, Co-operative Societies under an order dated 17.9.2008. The Board of Directors were of the view that the age of superannuation is not required to be increased to protect the interest of the Milk Union.

(3.) Heard learned counsel for the parties. 5. The Registrar, Co-operative Societies vide order dated 17.9.2008 provided certain guidelines for different Co-operative Societies having share capital of the State for increase in the age of superannuation from 58 years to 60 years. The Division Bench of this Court as well as Hon'ble Supreme Court by the orders referred in the preceding para directed the Co-operative Societies to consider the issue pertaining to increase in the age of superannuation in accordance with the guidelines prescribed by the Registrar. So far as the Churu Zila Sahakari Dugadh Utpadak Sangh Limited, Sardar Shahar is concerned, its Board of Directors in a meeting dated 22.3.2011 examined the viability for increase of age of superannuation in accordance with the guidelines prescribed by the Registrar under the order dated 17.9.2008. The consideration made by the Board of Directors reads a under :- [VERNACULAR TEXT OMMITED]