Mittal, J. - (1.) This order shall dispose of two writ petitions, being W.P. No. 396 of 2009 and W.P. No. 646 of 2009, as both the petitions have arisen out of a common order dated November 14,2008, passed by the Madhya Pradesh State Cooperative Tribunal (hereinafter referred in as the Tribunal). Whereas W.P. No. 396 of 2009 has been filed by Zila Sahkari Bhumi Vikas Bank Maryadit, Rajgath (hereinafter called as the petitioner-Bank), W.P. No. 646 of 2009 has been filed by Swatantralal Saxena, who is the respondent in W.P.No. 396 of 2009, raising a grievance against the grant of only 50% of the back wages. For the sake of convenience, the main order is being passed in W.P. No. 396 of 2009 and the parties shall be referred as per their status in the said writ petition.
(2.) The respondent-Swatantralal Saxena was working as Branch Manager with the petitioner-Bank. His services were concededly governed by the provisions of Madhya Pradesh Cooperative Agricultural and Rural Development Bank Employees Services (Recuirtment, Control and Conditions of Service),' Rules 1983 (hereinafter referred to as the Rules) framed under the provisions of Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred as the Act). As per Rule 71 of the Rules, an employee of the Bank is to retire on attaining the age of 58 years. However, the management has been conferred a right to grant extension to an employee to continue to serve till the age of 60 years, if in the opinion of the management, the services of the concerned employee are essential for the Bank and the said employee is physically fit for service. For the aforesaid purpose, a medical certificate from the District Health Officer (Civil Surgeon) is required to be produced. Aright has also been granted to the management that an employee, who has completed the age of 55 years or has completed 25 years of service, may be compulsorly retired, in the interest of the Bank, without assigning any reason, by issuing a notice of three months, or in lieu thereof on payment of the salary for the aforesaid period of three months.
(3.) The Staff Sub-Committee of the Bank passed an order on September 27,2000, whereby it was directed that since the respondent-Swatantralal Saxena had attained the age of 55 years and had already served for a period of 25 years with the Bank, therefore, in the interest of the Bank, he be compulsorily retired with effect from September 30,2000. A cheque for an amount of salary of three months was sent to the respondent, in lieu of the notice period.;