M.KARPAGA VINAYAGAM,.J. - (1.) THE appellants were appointed as paid Managers in the Co -operative Society. Subsequently, they were officiated as PACS Manager. They filed a writ petition for directing or commanding upon the respondents to enhance the age of superannuation of the petitioners, the paid managers of the Co -operative Society from 58 to 60 years at par with the State employees or employees of the Central Co -operative Bank.
(2.) THE said application was dismissed by a learned single Judge by order dated 11.7.2006 mainly on the ground that the point raised by the petitioner is squarely covered by a judgment in WP (S) No. 814 of 2005, wherein it has been held that the Managers of the Co -operative Society cannot be treated to be Government Employees, and, therefore, superannuation of the employees of the Co - operative Society cannot be fixed to be 60 years Challenging the same, this appeal has been filed.
(3.) THE gist of the contentions of the appellants in support of their plea is as follows: (i) The petitioners -appellants have been controlled and supervised by the Rules and Regulations of the Central Co -operative Bank. (ii) As per Rule 66 -B of the Co -operative Societies Act, the Government has got the powers to regulate and pass orders with reference to the conditions of service of the employees of the Co -operative Society. (iii) The State Government has taken a decision of enhancing the age of superannuation of all the employees of the State Government from 58 years to 60 years. (iv) The State Government, which exercises the substantial control over the Society, it is obvious from Section 66B of the Act should have exercised the said powers to enhance the retirement age of Co -operative Society also. (v) Further, as per the orders of the High Court of Patna, already Dearness Allowance of the Employees of the Co -operative Society was enhanced by the State Government, and therefore the employees of the Co -operative Society also should be fixed at par with the State Government (vi) The petitioners -appellants relied upon the judgment of the Supreme Court in [State of Bihar and Ors. v. Bihar Rajya Sahkarita Prabhandhak Seva Sangh, Patna and Ors.] ;