Jaishree Thakur, J. - (1.) In both these writ petitions, similar question is involved and, therefore, they are being disposed of by this common order. For the sake of convenience facts of S.B. Civil Writ Petition No. 7641/2011 are taken.
(2.) The petitioners herein claim that they worked till the age of 60 years and therefore are entitled to grant of privilege leave, leave encashment, increase in payment of gratuity, increments etc. due to them by taking into account the entire length of service including the period of having served beyond the date of superannuation by force of an interim order passed in writ proceedings.
(3.) Brief facts are that the Registrar, Co -operative Societies issued an order dated 17.9.2008 by which it was specified that such Cooperative Societies in which there were no capital share of the State Government, would be free to take a decision of raising age of retirement from 58 years to 60 years. The Managing Director of the Cooperative Societies, where the petitioners worked, issued an order dated 19.9.2008 increasing age of retirement from 58 years to 60 years. By an order dated 22.9.2008, Uttari Rajasthan Sahakari Dugdh Utpadak Sang (for short "URMUL"), Bikaner decided to increase the age of retirement of its employees from 58 years to 60 years to be effected from August, 2008. Eventually, the instructions dated 9.9.2008 came to be withdrawn by an order dated 31.3.2009. The URMUL, in turn, issued an order dated 1.9.2009 retiring 14 persons including the petitioners. Aggrieved against the order of retirement, writ petitions came to be filed and by virtue of an interim stay order they were allowed to continue in service. These writ petitions were allowed on 25.2.2010 but the same came to be challenged in D.B. Civil Special Appeal No. 165/2010 - Pashimi Raj. Dugadh Utpatan Sahakari Samiti Limited v/s. Kanti Lal Ojha and Ors. & 93 other matters and the same were allowed vide judgment dated 8.3.2011 wherein the order of the Managing Director enhancing the age of superannuation to 60 years was quashed. The petitioners, who had continued to work after attaining the age of 58 years on the basis of an order passed, have filed the present writ petition with the prayer that they should be paid salary, gratuity and other benefits while taking into account the actual period of service rendered i.e. uptill 60 years instead of computing the retirement age to be at 58 years.;