Srinagar: Increasing age of superannuation of employees of Cooperative Societies from 58 years to 60 years was government’s prerogative and there was other mode or method known to law whereby amendment can be carried out to the Service Rules.
“Rule 13(1) of the Rules provides that the employees of Cooperative Societies shall superannuate at the age of 58 years. Any amendment or alteration in any of the Service Rules including Rule 13(1) has to be carried out by the Government in exercise of its powers under Section 176 of the J&K Cooperative Societies Act,” a bench of Justice Sanjay Dhar said while dismissing a petition filed by employees of the Cooperative Societies, seeking court’s direction to the government take a formal decision regarding the matter.
“There is no other mode or method known to law whereby amendment can be carried out to the Service Rules notified vide SRO 233 of 1998,” the court said.
However, notwithstanding dismissal of this petition, the court said that the authorities shall be at liberty to take a decision on the recommendations constituted by the Government and make appropriate amendments to the Rules notified vide SRO 233 of 1998.
As per case of the petitioners, they are working in different Cooperative Societies holding different posts on substantive basis. They submitted that the petitioners made a representation to the Government to make suitable amendment to SRO 233 of 1998 which governs the service conditions of the employees of Cooperative Societies so as to ensure security of services of the employees. Accordingly, they said, a Committee was constituted by the Government vide order dated 28.10.1998. The Committee, they said, considered the matter after holding discussions and a unanimous decision was taken by the members of the Committee that SRO 233 of 1998 requires amendment for brining uniformity in Service Rules of employees of Cooperative institutions with other State Government employees. A formal proposal in this regard was made by the Committee vide its communication dated 4th January, 1997, they added.
Raising Retirement Age Of Cooperative Societies Employees Govt’s Perogative: HC
