S J COLLINS Vs. DISTRICT CO OPERATIVE BANK LTD
LAWS(ALL)-2002-4-175
HIGH COURT OF ALLAHABAD
Decided on April 18,2002

S.J.COLLINS Appellant
VERSUS
DISTRICT CO-OPERATIVE BANK LTD., MAHOBA Respondents

JUDGEMENT

M. Katju, J. - (1.) Heard learned counsel for the petitioner. The petitioner has challenged the impugned order dated 18.6.2001 Annexure-2 to the writ petition. By that order the petitioner has been retired at the age of 58 years w.e.f. 31.7.2001.
(2.) The petitioner was Branch Manager in the service of the District Co-operative Bank, Mahoba. He has claimed that he has right to continue till the age of 60 years.
(3.) In this connection Regulation 24 of the U.P. Co-operative Societies Employees Service Regulations, 1975 states as follows : "The date of superannuation from service of an employee of a co-operative society shall be ; (a) in the afternoon of the last day of the month in which he attains the age of fifty-eight years, if he is appointed to a post in category I, II or III : Provided that, where, before commencement of the Uttar Pradesh Co-operative Societies Employees Service Regulations, 1975, the society had entered with an employee, at the time of his appointment, into a contract whereby he is entitled to be retained in service after the date on which he attains the age of 58 years, the provisions of this sub-clause shall not apply and the date of superannuation of such employee shall be determined in accordance with the terms of the said contract; (b) in the afternoon of the last day of the month in which he attains the age of sixty years, if he is appointed to a post in Category IV.";


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