MAHENDRA SINGH CHUNDAWAT Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) The present three petitioners who retired from the services of respondent No.3 Bhilwara Zila Dugdh Utpadak Sahkari Sangh Limited, Bhilwara (BZDUSSL, for short) vide order Annex.9 dtd.1.9.2009 and they were retired at the age of superannuation of 58 years as fixed by the respondent No.3 BZDUSSL at that time w.e.f. 1.9.2009.

(2.) The petitioners have approached this Court by way of present writ petition on the ground that the Board of Directors of respondent No.3 - BZDUSSL took a decision in its meeting held on 9.3.2013 only that in view of guidelines given by the Registrar of Cooperative Societies in the Circular dtd.17.9.2008 in view of consistent profit position of the respondent No.3, they have decided to increase the superannuation age of its employees from 58 years to 60 years w.e.f. 1.5.2013.

(3.) The present petitioners who admittedly retired from the services of respondent No.3 way back on 1.9.2009 submitted before this Court through their counsel that the said decision of the Board of Directors deciding cut off date of 1.5.2013 is illegal and it ought to be given retrospective effect from 17.9.2008 since the Registrar of the Cooperative Societies in its guidelines/Circular dtd.17.9.2008 had directed the respective District Unions to take their own decision in this regard, whether they would increase the superannuation age from 58 years to 60 years or not depending upon their profit/loss position and the petitioners further submitted that had such decision been taken on that very day, presumably, the petitioners would have been entitled to the consequential benefits and more particularly the benefit of increased gratuity amount since they retried after 17.9.2008 or 1.9.2009.