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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