Court No. - 33
Case :- WRIT - A No. - 6291 of 2020 Petitioner :- Anil Kumar Saxena Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon the respondents to allow the petitioner to continue in service upto the age of 62 years in view of the notification dated 29.6.2020, whereby the U.P. Primarily Agricultural Credit Cooperative Society (17th Amendment) Rules, 2020 has been notified.
It is stated that by virtue of such notification the age of superannuation stands extended to 62 years, and therefore, the respondents have arbitrarily superannuated the petitioner at the age of 60 years on 28.12.2020.
Sri Abhishek Mishra, learned counsel appearing for the respondents submits that service conditions of the petitioner are not governed by the aforesaid amended Rules of 2020 inasmuch as petitioner is not a member of the any Primary Agricultural Credit Cooperative Society, rather he is a member of Primary Cooperative Union and his services are governed by the U.P. Cooperative Federal Authority (Business) Regulations, 1976. The age of superannuation as per the Regulations of 1976 is 60 years.
I have heard learned counsel for the parties and have perused the materials brought on record.
Argument advanced on behalf of the petitioner proceeds on the premise that all cooperative societies are one and that the notification issued on 29.6.2020 extends to all employees of the cooperative societies. The premise on which this argument is advanced is wholly fallacious. Employees of all cooperative societies fall in distinct categories depending upon the nature of society in which they are employed. Sections 122 and 122-A of the UP Cooperative Societies Act, 1965 specifies the authorities nominated to regulate a particular class of society. In the facts of the present case, petitioner's service conditions are governed by the Regulations of 1976 wherein the age of superannuation is 60 years. The Primary Agricultural Credit Cooperative Societies Centralized Service Rules, 1976 or its amendment vide notification dated 29.6.2020 are not applicable upon the society which is the employer of the petitioner.
In view of the aforesaid the notification dated 29.6.2020 clearly would not be attracted to the petitioner's case. Petitioner has rightly been retired after attaining the age of 60 years as that is the stipulated age of superannuation under the Regulations of 1976.
Writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 7.1.2021 Ashok Kr.