Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) The petitioner was initially appointed as Temporary Clerk in Zila Sahkari Bank at Meerut on 9.6.1967. Though no contract has been filed along with the writ petition, yet averments have been made that the respondents society had entered into contract with the petitioner whereby he became entitled to be retained in service. The contract is said to have been entered into prior to the commencement of the U.P. Co-operative Societies Employees Service Regulations, 1975.
(3.) The petitioner moved an application dated 29.10.2003 stating that though he was entitled to be retained in service up to the age of 60 years, he on his own accord, wants to take voluntary retirement at the age of 58 years and which he will complete on 15.1.2004, as such necessary formalities may be completed for payment of his legal dues on the date of his retirement. The Bank vide letter dated 31.12.2003 informed the petitioner that his application for voluntary retirement/superannuation at the age of 58 years has been accepted by the Bank but he shall not be entitled to any benefits of two years remaining service and that he shall be paid all legal dues and benefits up to the date of retirement i.e. 31.1.2004. The petitioner on receipt of the letter dated 31.12.2003 raised a new claim that under the voluntary retirement no condition can be imposed and the imposition of conditions that the petitioner will not be entitled to any legal dues/benefits etc. of the two years service up to the age of 60 years are erroneous, vague, misconceived and unjust. It was stated that these benefits can not be curtailed in any manner whatsoever.;