OM PRAKASH SHUKLA Vs. ZILA PRASHASHNIK COMMITTEE LAKHIMPUR KHERI AND 3 ORS
LAWS(ALL)-2009-5-413
HIGH COURT OF ALLAHABAD
Decided on May 18,2009

OM PRAKASH SHUKLA Appellant
VERSUS
ZILA PRASHASHNIK COMMITTEE,LAKHIMPUR KHERI Respondents

JUDGEMENT

- (1.) HEARD Shri S.C. Pandey, learned counsel for the appellants and Shri Krishna Chandra, learned Additional Chief Standing Counsel for the respondents. Before learned Single Judge, the appellants who are working in the Primary Agricultural Cooperative Credit Societies claimed that they are entitled to be retained in service up to the age of 60 years, which should be the age of retirement and not 58 years. Further claim of the appellants was that they were entitled to be given extension after 58 years up to the age of 60 years. Learned Single Judge, relying upon the judgments of the Division Bench and Single Judge of this Court has observed that the plea of retirement age being 60 years, was not acceptable and therefore dismissed the writ petition. Shri S.C. Pandey has placed before us the amended Section 29-A of the Cooperative Societies Act, 1965 and placed reliance upon sub-clause (viii) which permits the re-employment of the employees of the Society after crossing the age of retirement of 58 years. His submission is that the appellants are entitled to get benefit of sub-clause (viii) as the Society has already passed a resolution for allowing them to work till the age of 60 years. Shri Krishna Chandra, learned Additional Chief Standing Counsel submits that so far the re-employment of the employees of Society is concerned, it is governed by the rules which have been amended in December, 2007 but it can not be said that the age of retirement of the employees would stand extended upto the age 60 years which is still 58 years. Learned counsel for the appellants does not dispute the aforesaid factual position regarding date of retirement being 58 years, but he confines his claim only in respect of consideration of the case of the appellants for extension beyond 58 years in accordance with the aforesaid rules as per the resolution passed by the Society. We, therefore, uphold the order passed by the learned Single Judge and confirm the same. We further direct that the claim of the appellants allowing them for extension upto 60 years, as per resolution passed by the Society, may be considered in accordance with the aforesaid rules. If the period of two years of the appellants have already elapsed and they have been allowed to work and paid salary, the same shall not be asked to be refunded from them. We further clarify that if the appellants have already worked during extended period, their payment of salary for the said period shall also be considered and paid, if there is no other legal impediment. With the above directions, the Special Appeals stand disposed of.;


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