Chief Justice's Court Case :- SPECIAL APPEAL No. - 1067 of 2010 Petitioner/Appellant :- Member Secretary, District Administrative Committee/Sec./G.M Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Sujeet Kumar Rai Respondent Counsel :- C.S.C.,Irshad Ali Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
This is an appeal against the order of the learned Single Judge
dated 09.06.2010, whereby in the case of an employee, who was
Cadre Secretary of a Cooperative Society, the learned Single Judge
proceeded on the footing that the age of superannuation is 60 years
and consequently, issued a direction that he should be allowed to
continue in service by staying the operation of the notice of
retirement dated 24.4.2010.
At the hearing of this appeal, our attention is invited to a Division
Bench judgment of this Court in Writ Petition No.55499 of 2004:
Chandra Kiran Tiyagi Vs. State of U.P. and others (decided on
23.12.2004). The learned Division Bench of this Court was
pleased to hold that the service of the employee is governed by the
provisions of the U.P. Primary Agricultural Cooperative Societies
Centralized Services Rules, 1976, wherein the age of retirement is
58 years. It appears that this judgment was not placed for
consideration before the learned Single Judge.
Considering the law, as declared by this Court in the judgment
quoted above, the impugned order is liable to be set aside and is
accordingly, set aside. The appeal is disposed of. No order as to
costs.
Order Date :- 6.7.2010
RKK/-
(F.I. Rebello, CJ)
(A.P. Sahi, J)