R.A.Sharma, J. - (1.) Petitioner is a Cadre Secretary belonging to the Centralised Service created by U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976 (hereinafter referred to as Rules). By order dated April 4. 1997 he has been informed that he will retire on June 30, 1997, on which date he completes, 58 years of age. Being aggrieved by the said order he has filed this writ petition with the following averment. Petitioner joined a co-operative Society in 1963 as an Accountant under a contract. On 22.2.1966 a settlement (contract) was arrived at between the Co-operative Societies and their Employees Union of which the petitioner was a member under which the age of retirement of the employees like the peitioner was fixed at 60 years. There is neither any fresh settlement nor any award nor any legislation altering the said settlement. Therefore, he is entitled tocontinue in service up to the age of 60 years.
(2.) The sole contention of Sri B.N. Chaturvedi, learned Counsel for the petitioner is that in view of the settlement of 1966, it is not open to the respondents to retire the petitioner at the age of 58 years and he is entitled to continue in service up to the age of 60 years. The submission of Sri H.R. Mishra. learned Counsel for the respondents is that terms and conditions of the service of the petitioner are governed by the rules which have fixed the retirement age of the Secretary at 58 years vide Rule 29.
(3.) Section 122-A of the U.P. Co-operative Societies Act, 1965 thereinafter referred to as Act) empowers the State Government to create by Rules Centralised Services of such employees of such co-operative societies or class of co-operative societies as it may think fit. Section 122-A is quoted below : "Centralisation of certain services. (1) Notwithstanding anything contained in this Act. the State Government may by rules provide for the creation of one of more services of such employees of such Co-operative societies or class of Co-operative societies as the State Government may think fit. common to such Co-operative Societies and prescribe the method of recruitment, appointment, removal and other conditions of service of persons appointed to any such service. (2) When any such service is created, all employees of such societies existing on the date of creation of such service on the posts included in such service. shall be deemed to have been provisionally absorbed in the service with effect from the date of creation of such service : Provided that any such employee may. by notice in writing to the prescribed authority within the prescribed period, intimate his option of not becoming a member of such service, and in that event his services in the society shall stand determined with effect from the date of such notice and he shall be entitled to compensation from the society which shall be (a) in the case of a permanent employee, a sum equivalent to his salary (including all allowances) for a period of three months or for the remaining period of his service. whichever is less: (b) in the case of a temporary employee. a sum equivalent to his salary (including all allowances) for a period of one month or for the remaining period of his service. whichever is less. (3) An employee provisionally absorbed under sub-section (2) may be absorbed finally in the service if found suitable after screening in accordance with the instructions issued by the Registrar; and the services of any such employee as is not found suitable for absorption in the service shall stand determined with effect from the date of issue of orders. in that behalf by the Prescribed Authority and until such authority is prescribed, by the officer specified by the Registrar in that behalf in such instructions and he shall be entitled to compensation as laid down in clause (a) or clause (b) of sub-section (2) according as he was a permanent or a temporary employee".;