PRASANN KUMAR Vs. RAJ COOPERATIVE DAIRY FEDERATION

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 26. 8. 2004 with the prayer that by an appropriate writ, order or direction, the impugned order dated 25. 8. 2004 (Annex. 4) passed by the Chairman & Managing Director, Rajasthan Cooperative Diary Federation Ltd. , Jaipur (respondent No. 1) by which the superannuation age of the employees of the Rajasthan Cooperative Diary Federation Ltd. (for short "the RCDF") was kept as 58 years with immediate effect in place of 60 years in partial modification to RCDF Order No. 6384-6423 dated 31. 05. 2004 be quashed and set aside and further, since the petitioner has already retired on attaining the age of 58 years, therefore, directions be issued to the respondents to reinstate the petitioner with all consequential benefits.

(2.) THE case of the petitioner as putforward by him in this writ petition is as follows: THE petitioner was appointed in the respondent Cooperative Institution on the post of Clerk on 13. 11. 1969 and now he has retired from service on attaining the age of 58 years and at that time, he was holding the post of Senior Cashier in the office of the respondent No. 2 Managing Director, Uttariya Rajasthan Sahakari Dugdh Utpadak Sangh Ltd. , Bikaner (for short "the Sangh" ). According to the petitioner, the respondent No. 1 RCDF is a Cooperative Federation of milk producing cooperative societies of the State of Rajasthan and is State within the meaning of Article 12 of the Constitution of India. THE respondent No. 2 Sangh is the part of the respondent No. 1 RCDF. THE further case of the petitioner is that the service conditions of the petitioner and the employees of the respondent No. 2 Sangh are governed by the Rajasthan Cooperative Dairy Federation Employees (Non-workman) Service Regulations 1980 (hereinafter referred to as "the Regulations of 1980") framed by the respondent No. 1 RCDF and by the resolutions adopted by the respondent No. 1 RCDF from time to time. THE further case of the petitioner is that vide Resolution No. 52 dated 11. 4. 1985, the respondent No. 1 RCDF resolved that the age limit for direct recruitment and retirement/superannuation shall be the same as applicable to the employees of Rajasthan Government, as amended from time to time and that Resolution was notified through Office Order dated 6. 8. 1985, a copy of which is marked as Annex. 1. THE further case of the petitioner is that the State of Rajasthan vide notification dated 24. 5. 2004 (Annex. 2) enhanced the age of retirement of its employees from 58 years to 60 years and in pursuance of the said Notification of the State Government Annex. 2 dated 24. 5. 2004, the respondent No. 1 RCDF vide order dated 31. 5. 2004 (Annex. 3) also enhanced the age of retirement of its employees from 58 years to 60 years. THE further case of the petitioner is that indisregard of the order of the State Government Annex. 2 dated 24. 5. 2004 and despite Resolution No. 52 dated 11. 4. 1985, which was notified through order Annex. 1 dated 6. 8. 1985, that age of retirement of the employees of respondent No. 1 RCDF shall be the same as that of the employees of the State Government, the respondent No. 1 RCDF issued another order Annex. 4 dated 25. 8. 2004 by which the age of retirement/superannuation in RCDF was kept as 58 years with immediate effect in place of 60 years in partial modification to RCDF Order dated 31. 5. 2004 (Annex. 3 ). In this petition, the petitioner has challenged the order Annex. 4 dated 25. 8. 2004 mainly on the ground that since the State Government through Notification Annex. 2 dated 24. 5. 2004 had taken the decision of increasing the age of retirement of its employees from 58 years to 60 years and since through Resolution No. 52 dated 11. 4. 1985, which was notified vide office order Annex. 1 dated 6. 8. 1985, it was resolved that age of retirement of employees of RCDF shall be same as was applicable to the employees of Rajasthan Government, therefore, reduction of age of the employees of RCDF from 60 years to 58 years through order Annex. 4 dated 25. 8. 2004 is per se illegal and the respondent No. 1 RCDF had no jurisdiction to reduce the age of retirement of its employees. Hence, impugned order Annex. 4 dated 25. 8. 2004 is wholly illegal, without jurisdiction and arbitrary and thus, cannot be sustained and liable to be quashed and set aside. It has been further submitted by the petitioner that since he has attained the age of 58 years on 31. 8. 2004, therefore, he has been retired from service in view of the impugned order Annex. 4 dated 25. 8. 2004 reducing the age of retirement from 60 years to 58 years and had this order would have not been issued, the petitioner would have not been retired from service and since the order Annex. 4 dated 25. 8. 2004 is per se illegal and without jurisdiction, therefore, retirement of petitioner from service on attaining the age of 58 years is also per se illegal and without jurisdiction. THErefore, the petitioner is entitled to reinstatement with all consequential benefits. Hence, this writ petition with the prayers as stated above. A reply to the writ petition was filed by the respondent No. 1 RCDF wherein it was submitted that it is in the sole domain of the employer to fix the age of superannuation and if it is reduced, no employee has a right to challenge the same because there is no divesting of any of rights and for that, reliance has been placed on the decision of the Hon'ble Supreme Court in K. Nagaraj and Ors. vs. State of Andhra Pradesh and Anr. (1 ). It has been further submitted by the respondent No. 1 RCDF that the above decision in the case of K. Nagaraj (supra), was further followed by the Hon'ble Supreme Court in Yeshwant Singh Kothari vs. State Bank of Indore and Ors. (2) It has been further submitted by the respondent No. 1 RCDF that reduction in retirement age does not infringe any of the fundamental rights and from that point of view also, the petitioner has got no case. Apart from this, fixing of retirement age is a matter of policy and in such matter, there is no scope of judicial review as no legal or constitutional rights are violated. Hence, no interference is called for with the impugned order Annex. 4. It has been further submitted by the respondent No. 1 RCDF that the plea of the petitioner that since the Government of Rajasthan has enhanced the age of retirement of its employees from 58 years to 60 years through Notification Annex. 2 dated 24. 5. 2004, therefore, that decision would be binding on the respondent No. 1 RCDF automatically is wrong one and the respondent No. 1 RCDF has full power and authority to fix the age of retirement of its employees and in this respect, reliance has been placed on Circular Annex. R/1 dated 29. 5. 2004 issued by the Government of Rajasthan, Jaipur by which the State Government authorized the Board of Directors of each PSU to make appropriate decision regarding the age of superannuation of its employees and thus, the action of the respondent No. 1 RCDF in keeping the age of retirement of its employees as 58 years in place of 60 years through impugned order Annex. 4 cannot be said to be illegal or without jurisdiction or arbitrary. Hence, the writ petition deserves to be dismissed. A separate reply was filed by the respondent No. 2 Sangh. Rejoinder to the reply submitted by the respondent No. 1 RCDF was also filed by the petitioner.

(3.) THERE is also no dispute on the point that as per Circular Annex. R/1 dated 29. 05. 2004 issued by the State Government, the State Government, after consideration of matter, authorized Board of Directors of each PSU to make appropriate decision regarding the age of superannuation of its employees.