R.H.Zaidi, J. - (1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner challenges the validity of the order dated 16-11-1924 passed by respondent No. 1 and prays for issuance of a writ of mandamus commanding the respondents to permit the petitioner to remain in service till he attains the age of 60 years and to pay him salary and other allowances on the post of Accountant in the society, have also been made.
(2.) The facts of the case in brief are that the petitioner was appointed as an Accountant on 1-8-1962 in Sadhan Sahkari Samiti Limited Gahni Block, Ratanpur, district Ballia which was a Primary Agricultural Co-operative Credit Society, registered under U. P. Co- operative Societies Act, 1965. He continued to hold the said post till 2-5-1979. In the service record his date of birth is recorded as 15-12-1936. In the meanwhile, the petitioner was appointed as Cadre Secretary and at present he is working on the said post. The contention of the petitioner is that his age of retirement is 60 years and he cannot be retired on attaining the age of 58 years. The petitioner further contends that at the time of his recruitment as Accountant a resolution was passed the Society, which is contained in Annexure-I to this writ petition, wherein there is a categorical averment to this effect that the age of retirement of the petitioner shall be 60 years. Other terms and conditions of the service were also mentioned. The petitioner submits that he will be governed by the U. P. Co-operative Societies Employees Service Regulations 1975 hereinafter referred to as the Regulations, and in view of the provisions of Regulation 24, he will retire on attaining the age of 60 years and cot before.
(3.) In paragraph Nos. 19, 20 and 21 of the [writ petition it has been categorically admitted by the petitioner that petitioner was appointed as Prabhari Sachive of Primary Agricultural Co-operative Credit Societies named therein.;