SUDHIR AGARWAL, J. - (1.) HEARD Shri S.K. Singh, learned Counsel for the petitioner and Shri D.P. Singh appears for respondent No. 2 and learned Standing Counsel for respondent No. 1.
(2.) THE petitioner -applicant filed, writ petition claiming that under the existing Rules the age of retirement of the petitioner is 58 years but a decision has been taken to extend age of retirement to 60 years and the proposal has been sent for approval and pending before the Government for extending the age of superannuation, but without awaiting for amendment in the rules, the authorities are retiring the petitioner on attaining the age of 58 years i.e. w.e.f. 31.1.2006. Since under the existing Rules and Regulations, applicable to the service of the petitioner, the age of retirement was 58 years, this Court found that so long as Rules are not amended, the authorities are well within their right to retire petitioner on attaining the age of 58 years and the writ petition was accordingly dismissed vide judgment dated 28.3.2006. Petitioner thereafter it appears preferred a Special Appeal No. 466/06 changing his Counsel and the said appeal was withdrawn on 16.5.2006 stating that he intend to prefer a review application. Now petitioner has filed this review application stating that in respect to the Government employees the age of superannuation has been extended by two years by Government Notification dated 28.11.2001. A copy of the aforesaid notification is (Annexure No. 1) to the review application. It is further submitted that in Chapter -VI, Rule 33 of the U.P. Primary Agricultural Co -operative Societies Centralized Service Regulations, 1978 (hereinafter referred to as 1978 Regulations) it is provided that in the matter of casual leave, earned -leave, medical leave etc. the provisions applicable to other Government servants shall be applicable to the persons governed by the said rules namely 1978 Regulations. He further submitted that in similar matter interim orders have been passed by this Court, therefore the petitioner is entitled to continue upto the age of 60 years. In para 6 of the review application, it is also averred that Regulation 24 of 1975 Regulations has been amended vide notification dated 3.10.2004 enhancing the age of retirement to 60 years.
(3.) I have heard learned Counsel for the petitioner. I do not find any force in any of the submissions. Admittedly, the service conditions of the petitioner are governed by the U.P. Primary Agricultural Co -operative Societies Centralized Service Regulations, 1978. In para No. 3 of the supplementary affidavit dated 26.3.2006, the petitioner has averred: That the terms and conditions regarding the leave and taking the charge of the employee of Co -operative Societies Employees will be the same as of State Government Employees and this has been mentioned in Chapter 6 of the Guidelines of the U.P. Primary Agricultural Co -operative Credit Societies Centralized Service Regulation, 1978. A photocopy of the Chapter 6 of the guidelines regarding the leave and taking charge of the employee is (Annexure No. SA -2) to supplementary affidavit.;