ORDER
V. Eswaraiah, J.
1. The petitioner in Writ Petition No. 1331 of 2002 is a Chief Chemist in Amadalavalasa Cooperative Sugars Limited, Amadalavalasa, Srikakulam District. The petitioner in Writ Petition No. 12382 of 2003, is also a Chief Chemist at Eti Koppaka Co-operative Agricultural and Industrial Society Limited, Eti Koppaka, Visakhapatnam. Admittedly both the petitioners are Common Cadre employees and they were recruited under the Regulations framed by the Registrar in exercise of the powers conferred on him under Section 116-A of the Co-operative Societies Act (for short ‘the Act’).
2. It is stated that as per the conditions of service stipulated in the Regulation, age of retirement was fixed at 60 years. Thereafter Regulations were revised relating to the service conditions, method of recruitment, pay scales, and according to the amendment, Regulation No. (30) was issued in proceedings Rc.No. 24127/93/B1, dated 15-6-1996, wherein the age of superannuation of the Common Cadre employees is reduced from 60 years to 58 years, and thy shall retire from service on attaining the age of 58 years as per the said Regulation No. (30). Thus the earlier Regulation No. (17) framed in the year 1990 was superceded and the old Regulation is no more in force.
3. It is further stated by the learned Government Pleader appearing for the respondents submits that the petitioners are bound to retire from service on attaining the age of 58 years as per Regulation No. (30) of the Common Cadre employees, dated 15-6-1996, and as they never questioned the aforesaid revised Regulation, they are bound by the said Regulation.
4. On the other hand Mr. Vedula Srinivas and Ms. Y. Anupama Devi learned Counsel appearing for the petitioners respectively, submit that under Rule 71 of the A.P. Co-operative Societies Rules, 1964 (for short ‘the Rules’), the service conditions of the Common Cadre employees under Section 116-A, shall be governed by the existing Regulations, till they are modified by a Rule made in this behalf by the Government. They further stated that mere revision of Regulation will not affect the service conditions relating to the age of retirement, as no rule has been framed by the Government fixing the age of retirement as contemplated under Rule 71 and therefore, the revised Regulation cannot be enforced.
It is also further argued that Rule 28(5) of the Rules, also has no application to the Common Cadre employees. Rule 28, deals with the officers and the service of the Society. Rule 28(5) of the Rules reads as follows:
“Notwithstanding anything contained in the bye-laws/special bye-laws, service regulations or common cadre regulations of the Cooperative Societies, every paid servant and officer of a Society, other than those in the last grade service, shall retire from service on the afternoon of the last date of the month in which he attains the age of 58 years.”
5. As per Rule 28(5) of the A.P. Cooperative Societies Rules, 1964, every paid servant and officer of a Society, other than those in the last grade service, shall retire from the service on attaining the age of 58 years notwithstanding anything contained in the bye-laws/special bye-laws, service conditions or Common Cadre Regulations of the Co-operative Societies. Therefore, Rule 28(5) of the Rules deals with the employees governed by the Common Cadre employees also. Therefore, I cannot agree with the contention of the learned Counsel for the petitioners.
6. My brother Justice Bilal Nazki in Writ Petition No. 12563 of 1999 and Batch dated 1-7-1999, while dealing with similar contention of the petitioners therein held that the Regulations issued in the year 1993 were revised in the year 1996, reducing the age of retirement of Common Cadre employees to 58 years. But, the same was not challenged by any of the Common Cadre employees and therefore, the revised Regulations have force of law framed under Section 116-A of the Act. It is further held that from a reading of Section 116-A, it becomes clear that any Regulations made by the Registrar are statutory in nature, because the power to frame such Regulations is derived from the statute and the Regulations so framed have the force of law. The petitioners cannot complain against the enforceability of Regulations on the one hand and seek enforcement of earlier Regulations, which were framed on the basis of the same power. The Regulations which are revised fixing the age of superannuation from 60 to 58 years, is also in consonance with Rule-28(5) and the same is applicable to Common Cadre employees also.
7. Therefore, I am of the opinion that the Regulations amended in the year 1996 have force in law and the petitioners are bound to retire on attaining the age of superannuation of 58 years as per the amended Regulations read with Rule 28(5) of the Rules.
8. Having regard to the aforesaid reasons, I do not find any merit in both the writ petitions and they are liable to be dismissed.
9. Accordingly, both the writ petitions are dismissed. However, there shall be no order as to costs. It is needless to mention that the interim orders, if any, shall stand vacated, consequently. No order as to the costs.