S.J.MUKHOPADHAYA,J. - (1.) THIS writ petition has been preferred by the petitioner for a declaration that he is entitled to continue in the service up to the age of 60 years in pursuance of Resolution, contained in Memo No. 7/V.V.P. -56/2004 Ka. 5826/Ranchi dated 26th October, 2004, issued by the State of Jharkhand, read with Resolution, contained in Memo No. 2/Estb.Co. -178/2004/ 1879, Ranchi dated 28th December, 2005 and other letters, as contained in Annexure 2 series. Further prayer has been made to set aside the order, contained in 1298 dated 31st October, 2005, whereby and whereunder, the petitioner has been superannuated with effect from 31st October, 2005.
(2.) AS the case can be disposed of on a short point, it is not necessary to discuss all the facts, except the relevant, as detailed hereunder. The petitioner is an employee of 'The Singhbhum District Central Co -operative Bank Limited, Chaibasa' (hereinafter to be referred as 'Co -operative Bank'). The employees of the Cooperative Bank are guided by the Bihar and Orissa Co -operative Societies Act, 1935 (hereinafter to be referred as the 'Act, 1935') and the rules, framed thereunder, namely, District Central Co -operative Bank Employees Service Rules (hereinafter to be referred as the 'Service Rules'). As per Rule 21 of the Service Rules, an employee of the Co -operative Bank was entitled to continue in service up to the age of 58 years.
(3.) THE State of Jharkhand enhanced the age of superannuation of its employees and amended Rule 73 of the Jharkhand Service Code by Resolution No. 5826 dated 26th October, 2004. The age of superannuation was enhanced from 58 to 60 years with immediate effect. In respect to the employees of the Co -operative Bank, Chaibasa, the Co -operative Bank made a proposal being Proposal No. 1 dated 8th December, 2004 and decided to request the Registrar, Co -operative Societies, Jharkhand, to apply the State of Jharkhand's Resolution No. 5826 dated 26th October, 2004 for the employees of the Co -operative Bank, Chaibasa. It was resolved to apply the said Resolution No. 5826 dated 26th October, 2004 in respect to the employees of the Co -operative Bank, Chaibasa after obtaining approval from the Registrar, Co -operative Societies. It was referred by the Managing Director, Co -operative Bank, Chaibasa, to the Registrar, Co -operative Societies, Jharkhand, Ranchi, by letter No. 2349 dated 16th December, 2004. The Registrar, Co -operative Societies, in his turn, forwarded the matter to the Secretary, Co -operative Department, Government of Jharkhand, Ranchi, whereinafter the matter was placed before the Cabinet and on its approval, the State of Jharkhand issued Resolution No. 1879 dated 28th December, 2005. Rule 21 of the Service Rules was amended and the age of superannuation of the employees of the Co -operative Bank was enhanced from 58 to 60 from the date of issuance of the resolution. ;