NARENDRA KUMAR AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners, in the instant writ application, questioning the vires of Rule 39(1) of the Rajasthan Cooperative Societies Rules, 2003 (hereinafter referred to as 'the Rules of 2003', for short), have prayed for the following reliefs: -

(2.) BRIEFLY , the essential material facts of the case necessary for adjudication of the controversy are: That the petitioners are employees of Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited, Jaipur (respondent number 3), an instrumentality of the Government being a Central Society as defined under the Rajasthan Cooperative Societies Act, 2001 (hereinafter reference to as 'the Act of 2001', for short). The grievances of the petitioners is for not according them the benefit of enhancement of retirement age from 58 years to 60 years.

(3.) THE State Government vide order dated 31st of August, 2009 directing the RCDF to withdraw its order dated 19th September, 2008; called upon the RCDF and all other District Unions, to take decision regarding enhancement of retirement age in accordance with the criteria laid down in the order dated 17th September, 2008 issued by the Registrar, Cooperative Societies. As a consequence thereof, the RCDF as well as the respondent No.3, withdrew the orders enhancing the retirement age from 58 years to 60 years vide order dated 1st September, 2009. The order dated 17th September, 2008 issued by the Registrar, Cooperative Societies under Rule 39(4) of the Rules of 2003 provided criteria for enhancement of retirement age, which reads thus: -