- (1.) The petitioner is an employee of Matsya Palak Vikas Abhikaran, which is a society registered under Societies Registration Act. The petitioner claims that since society has been founded and managed by officials of State Government, therefore, he is holder of civil post and is entitled to be governed by provisions i.e. Rules and Regulations framed under proviso to Article 309 of Constitution of India and in that view of the matter, since Fundamental Rule 56 has been amended by notification dated 28.11.2001, enhancing the age of superannuation from 58 years to 60 years, petitioner is entitled to continue till he attains the age of 60 years and cannot made to retire on attaining the age of 58 years.
(2.) In the context of another similar nature of Society, i.e. District Rural Development Agency, this issue has already been considered by a Division Bench in Special Appeal No.687 of 2010 (State of U.P. Vs. Pitamber). The Court formulated the following question: "Whether employees of DRDA are Government employees and are holding civil post in the civil service of State to make applicable Fundamental Rule 56".
(3.) Two more questions were formulated by this Court as under: "(1) Considering the Bye-laws of the Society and more specifically Bye-laws 19 and 20 (h) read with Government Notification dated March 17, 1994, was it open to the State Government to have issued the Government Order dated 09.03.2004 fixing the age of retirement of the employees of DRDA as 58 years? (2) Whether the employees of DRDA are holding civil posts and/or are Government employees of the State, in order to make applicable Rule 56 of the Fundamental Rules and, consequently, would they be governed by Government Notification dated 28.11.2001, whereby the age of retirement of the government servants has been fixed as 60 years under Rule 56 of the Fundamental Rules?";