Excelsior Correspondent
SRINAGAR, Apr 28: High Court has dismissed the plea of Cooperative Societies employees seeking age of retirement at par with the Government employees.
Justice Sanjay Dhar dismissed their plea on the ground that merely on the basis of recommendation of the Committee cannot seek parity in their service conditions with the service conditions of Government employees as the Cooperative Societies are autonomous institutions governed its own rules and regulations
The petitioner-employees approached the court and sought a direction upon the respondent-Government to amend Rule 13(1) of the Rules on the basis and on the strength of recommendation of the Committee constituted by the Government.
The recommendation court said, for upper age limit has not been accepted by the Government and competent authority as on date. “Unless the recommendation is accepted by the Government and consequent changes are made in the Rules, the right to seek a direction against the respondents would not mature in favour of the petitioners”, Justice Dhar said.
Court said that a mere recommendation by a Committee which has not been accepted by the competent authority does not give a right to the petitioner-employees to seek a mandamus upon the respondents to amend the rules.
The petitioners, court further added, cannot merely on the basis of recommendation of the Committee, seek parity in their service conditions with the service conditions of Government employees. “It is a settled law that the Cooperative Societies are autonomous institutions governed its own rules and regulations. The employees of the Cooperative Societies cannot seek parity in service conditions with the employees of the Government, unless approved by the Board of Directors”, reads the judgment.
The petitioners through the medium of instant petition had challenged the Rule 13 of the Jammu and Kashmir Cooperative Societies Service Rules, 1988, issued vide SRO 233 whereby age of superannuation of Cooperative Societies registered under the Jammu and Kashmir Cooperative Societies Act, has been fixed as 58 years.
They had also sought a direction upon the respondents to take a formal decision upon the proposal forwarded by the Committee constituted by the Government in terms of Order No.Adm/1487-92 dated 28.10.1995.
The only issue which was required to be determined in this case is as to whether any right has accrued in favour of the petitioners to seek a direction upon the respondents to amend Rule 13 of SRO 233 of 1998 thereby bringing the age of superannuation of the employees of Cooperative Societies at par with the age of superannuation of Government employees on the basis of the recommendations of the Committee constituted by the Government for the purpose of suggesting amendments to aforesaid SRO. “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”, Court concluded.
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