SHREE PRAKASH SHARMA Vs. MANAGING DIRECTOR U P SAHKARI GRAM VIKAS BANK LTD
LAWS(ALL)-2003-2-115
HIGH COURT OF ALLAHABAD
Decided on February 25,2003

PRAKASH SHARMA Appellant
VERSUS
MANAGING DIRECTOR, U.P. SAHKARI GRAM VIKAS BANK LTD. Respondents

JUDGEMENT

Prakash Krishna, J. - (1.) The only controversy involved in the present writ petitions is about the age of retirement of an employee of U. P. State Cooperative Land Development Bank (now known as U. P. Sahkari Gram Vikas Bank Limited). According to the petitioners, it is 60 years while according to the respondents, the age of superannuation is 58 years.
(2.) The petitioner Nos. 1, 2, 3 and 4, in the instant writ petition, joined the service of the U. P. Sahkari Gram Vikas Bank Limited on 26th July, 1969, 24th July, 1968, 14th July, 1969 and 18th July, 1909, respectively. According to the petitioners at the time of their initial appointment, their service conditions were governed by the U. P. State Cooperative Land Development Bank Limited Staff Rules, 1964. Rule 46 of the said Rules provides that an employee shall retire at the age of 60 years.
(3.) The State Government under Section 122 of the U. P. Cooperative Societies Act constituted the U. P. Cooperative Society Institution Board which framed service Regulations for all the employees of the Co-operative Societies known as the U. P. Cooperative Society Employees Service Regulations, 1975 (hereinafter referred to as 1975 Regulations). Regulation 24 of the 1975 Regulations provides the date of retirement from service of an employee of a society to be in the afternoon of the last day of the month in which he attains the age of 58 years, if he is appointed to a post in categories (i), (ii) or (iii). It has been submitted by the respondents that in view of the aforesaid provision, the age of retirement of an employee is 58 years.;


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