SOM NATH VIG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner was appointed on 21.4.1981 as Pharmacist with the respondent Sri Ganganagar Sahakari Upbhokta Wholesale Bhandar Ltd. and his date of birth is 2.5.1951. The petitioner is going to attain the age of superannuation i.e. 58 years on 2.5.2009. The Registrar, Cooperative Societies issued the order on 17.9.2008 (Annex.3) under Rule 39 of the Rajasthan Cooperative Societies Rules, 2003 (for short 'the Rules of 2003') whereby the societies in general have been directed to consider the matter regarding increase of age of superannuation from 58 years to 60 years. The said direction issued by the Registrar, Cooperative Societies, Jaipur dated 17.9.2008 has not been complied by the respondent society and, therefore, the petitioner was informed that he is to retire on 2.5.2009.

(3.) THE respondent society has submitted reply to the writ petition and annexed a statement of strength of the employees to show that there is sanctioned strength of 24 employees against which 25 are working. It is submitted that the respondent in view of the above fact cannot increase the age of superannuation of the employees from 58 to 60 years. It is also submitted that the order dated 17.9.2008 clearly shows that it is only a desire of the Registrar that in certain circumstances only, the age of superannuation be increased from 58 to 60 years and the society has decided not to increase the age of superannuation. It is also submitted that no mandamus can be issued to the society directing the society to pass resolution so as to increase the age of superannuation of the employees from 58 to 60 years. It is also submitted that the order dated 17.9.2008 is not enforceable as the society is free to take its own decision and no one can take the right of the society for increasing the age of superannuation.