VYAS, J. - (1.) The instant special appeal has been filed by Rajasthan State Seed Organic Production Certification Agency against the judgment dated 29.4.2008 passed by learned Single Judge in SB Civil Writ Petition No. 1319/2007 whereby the writ petition filed by the petitioners-respondents was allowed.
(2.) As per the brief facts of the case, the respondents - petitioners filed a writ petition before this Court challenging the order of superannuation, attaining the age of 58 years in which it was submitted that there are no service rules and service conditions in existence in the appellant Agency and service conditions of the employees are regulated by the Rajasthan Service Rules and all the employees are availing facilities of house rent, bonus, surrender leave and selection scale etc. as are availed by the State Government servants. It is also contended that for the purpose of promotion, the promotions were granted to the employees as per the procedure through the departmental promotion committee and Rajasthan Civil Services (Absorption) Rules, 1969 were also made applicable upon the employees. In the writ petition, it is stated that no service rules have yet been framed and for the said purpose, representation was made by the employees time and again. Thereafter, a circular dated 24.3.2006 was issued by the appellant to the effect that the problems may be submitted to the Director and he will decide the matter within 30 days. Therefore, in response thereto, writ petitioners made a representation on 17.5.2006 but till date of filing of the writ petition, no employee was given retirement but for the first time, writ petitioners were informed that since they are going to complete 58 years of service in the month of April, 2007, they shall stand retired w.e.f. 30.4.2007. The said documents have been placed on record in the writ petition as Annexure-12 and the same was challenged by way of filing the writ petition.
(3.) The main ground which is taken in the writ petition is that no service rules have yet been framed and the State Government has decided to retire the government employees after attaining the age of 60 years and service conditions of statutory bodies are governed in conformity with the Rajasthan Service Rules, therefore, the writ petitioners made a representation to the Government, so also to the Board of Directors but no decision was taken with regard to age of superannuation of the employees of the appellant agency, since there is no age fixed for superannuation, therefore, there is no question of retiring the petitioners on attaining the age of 58 years. The provisions of RSR is also made applicable upon the employees, in which the age of superannuation shall be 60 years and if the RSR is not adopted, then, there is no provision regarding the age of superannuation and no employee can be retired from the service till framing of the Rules.;