Jammu & Kashmir High Court - Srinagar Bench
Gh. Ahmad Lone & Anr vs State Of J&K & Ors on 17 November, 2021
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 64
Regular List
IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
AT SRINAGAR
Case: SWP no. 833/2015
& connected IAs.
Gh. Ahmad Lone & anr. ....petitioner(s)
Through: Mr. Kaiser Ali, Adv. vice
Mr. M. M. Dar, Advocate
v/s
State of J&K & ors. ...respondent(s)
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
17.11.2021
1. Petitioner in this petition has inter alia challenged Circular dated 19.03.2015 and also his order of retirement dated 20.03.2015 on the ground that the petitioner as per the By-Laws of respondents-Society is entitled to continue in service till he attains the age of sixty.
2. This matter came up for consideration before this Court n 30.04.2015 when this Court while declining the interim stay issued notice to the respondents to file their objections. This Court also kept open to the Co- operative Society concerned to take action as per By-Laws.
3. As a matter of fact, the contention of the petitioner that he is entitled to continue in service beyond the age of 58 years was not accepted by this Court at the threshold.
YASMEEN RASHID 2021.11.22 12:45 I attest to the accuracy and integrity of this document 2
4. On being put on notice, respondents have filed their objections. Relying upon the SRO 233 of 1998, it is submitted that the age of superannuation of the employees of the Co-operative Societies is 58 years and not 60 years and, accordingly, all the Co-operative Societies and Co- operative Banks have provided the age of superannuation as 58 years in their By-Laws.
5. Learned counsel appearing for the petitioner submits that the respondent-Society utilized the services of the petitioner after his superannuation till he completed the age of 60 years, but salary for the aforesaid period has not been paid.
6. Having regard to the statement made b y the learned counsel for the petitioner and perusing the record, I am of the view that this petition can be disposed of by directing the respondent no. 5 i.e. Co-operative Marketing Society to pay legitimately earned salary to the petitioner for the period he has worked beyond the age of 58 years under the directions of the respondent-Society.
7. Disposed of, accordingly.
(SANJEEV KUMAR) JUDGE Srinagar 17.11.2021 YASMEEN, PS YASMEEN RASHID 2021.11.22 12:45 I attest to the accuracy and integrity of this document