Anjani Kumar, J. - (1.) The petitioner, who is admittedly a seasonal employee of the Co-operative Cane Development Society Ltd., Bilari, Moradabad, is governed by the Regulations framed in exercise of power under Section 122 of the U.P. Co-operative Societies Act, known as U.P. Cane Co-operative Service Regulations, 1975. filed this writ petition with the following prayers : "1. to issue an order, direction or a writ in the nature of mandamus commanding the respondent No. 2 not to interfere with the performance of the functioning of the petitioner as seasonal payment Clerk-cum-Cashier and further respondents be directed to pay the entire salary of the petitioner which is due and as and when it false due till the age of his retirement of 60 years already decided by the order dated 10th October, 1996 (Annexure-VIII) passed by Respondent No. 1.
(2.) to issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(3.) to award the costs of the writ petition to the petitioner." 2. The facts leading to the filing of present writ petition are that the petitioner, whose date of birth in accordance with the servie book is 29th July, 1938, was informed by the Secretary of the Society vide his letter dated 9th February, 1996, a copy of which has been annexed as Annexure-2 to this petition, that since the petitioner's date of birth according to service book is 29th July, 1938 and he will be completing 58 years of age on 28th July, 1996, which is the date of superannuation, therefore, he will be retired by the end of the month i.e. on 31st July, 1996. Petitioner, in the writ petition, has referred to Fundamental Rule, 1956, which is admittedly not applicable to the case of the petitioner as he is employee of Cane Co-operative Society. The Regulation 47 of U.P. Cane Co-operative Service Regulations, 1975, which is applicable to the case of the petitioner is reproduced below so far as it is relevant for the present controversy: "47. Compulsory retirement.--(a) The date of compulsory retirement of a member of the Cane Co-operative Service, other than the fourth class employees shall be the date on which he attains the age of 58 years. He may be retained in service after the date of compulsory retirement only under very special circumstances with the sanction of Cane Commissioner in the interest of the Cane Co-operative to be recorded in writing........" 3. Petitioner's further case is that he filed an application dated 24th March, 1996 addressed to the Managing Director, U.P. Co-operative Cane Societies Federation Ltd., Lucknow praying therein that since the petitioner's superannuation is due on 31st July, 1996 and the petitioner is mentally and physically fit, therefore he sought an extension of two years service. This application has been annexed as Annexure-4 to the writ petition. The Secretary of the Co-operative Cane Development Ltd., Bilari recommended the case of the petitioner for extension of two years service. Since neither any orders were passed, nor any action has been taken on the recommendation and the petitioner was going to retire, therefore petitioner preferred a writ petition being Writ Petition No. 22411 of 1996 before this Court, which has been disposed of by this Court on 20th July, 1996 with the following direction : "The petition is disposed of finally with a direction to the respondent No. 1 to decide the same within a period of four weeks from the date of production of certified copy of this order is produced before him, provided that he has the competence to decide the same." Dated: 20.7.1996 Sd/Dr. B.S. Chauhan, J.";