UMA SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ Application, the petitioner prays for quashing the order dated 01.02.1994 as contained at Annexure I. whereby the State Government in exercise of powers under Section 66 -B of the Bihar and Orissa Cooperative Societies Act, 1935 reduced the age of retirement of all employees of the Central Cooperative Bank from 60 years to 58 years. The Petitioner further prays for quashing the order dated 13.05.1994 (Annexure 5) by which a notice was given to him to the effect that he would be completing the age of 58 years on 02.11.1994 and therefore he would be superannuating with effect from 30.11.1994. The Petitioner has further prayed that the Respondents be restrained from giving effect to the aforementioned two orders.

(2.) ACCORDING to the petitioner, he was appointed as a Head Clerk cum - Accountant in the Bank on 05.06.1963 and was promoted some time in August, 1987 on the post of Administrative Officer. It has further been contended by the Petitioner that the Central Cooperative Bank, Dhanbad is a Society registered under the Societies Registration Act and it has framed its own regulations known as Staff Regulations with the approval of the Board of Directors. They have further contended that this bank is not a State within the meaning of Article 12 of the Constitution of India and power for framing of service conditions is vested exclusively with the Board of Directors. The Staff Regulations framed and which received the approval of the Board of Directors some time in the year 1965 makes 60 years as the age of superannuation. Therefore, according to the Petitioner and as per the Staff Regulations, he is to superannuate on attaining the age of 60 years and not 58 years. The Petitioner has further contended that in the year 1982 an amendment was made by which Section 66B was inserted and which lays down that the State Government was empowered either by special or general order to determine the nature and number of posts to be created and the mode of recruitment of personnel by Cooperative Societies. The Petitioner contended that, however, Section 66 -B does not say anything other than recruitment of employees and therefore according to the petitioner, the provisions of Section 66 -B(1) is merely directory and not mandatory.

(3.) THE Petitioner has stated that the aforementioned letter as contained at Annexure 1 was placed before the Board of Directors and the said Board of Directors in their meeting held on 07.04,1994 resolved (by Annexure 2) that the Service Regulations contemplated/referred to in Annexure 1 was approved except that clause which sought to reduce the age of superannuation from 60 years to 58 years and they further resolved that the Government be requested that the age of retirement be allowed to remain at 60 years. The Petitioner has further stated that the resolution was sent to the Government for approval, but by letter as contained at Annexure 3 being letter dated 22.08.1994, the Government refused to consider the said request and stated that for all Central Cooperative Banks the age of superannuation was fixed at 58 years and therefore there should be no separate criteria for the Central Co -operative Bank at Dhanbad. Thereafter on 16.05.1994 by Annexure 4 the Board of Directors of the Central Cooperative Bank, Dhanbad once again requested the Secretary, Department of Cooperation to reconsider the matter, but nothing happened and in the meantime, in compliance of the direction of the State Government as contained at Annexure 1, the Petitioner was given notice by Annexure 5 that he would be superannuating on and from 30.11.1994 upon attaining the age of 58 years on 02.11.1994.