Jammu & Kashmir High Court
Baldev Raj vs Sate Of J&K Th on 9 October, 2023
46
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
SWP No. 1110/2018
1. Baldev Raj, age 57 years S/o. .....Appellant(s)/Petitioner(s)
Late Sh. Sardari Lal R/o. 281,
Shaheedi Chowk, Tehsil and
District, Jammu
2. Smt. Raj Karni age 57 years
W/o. Late Sh. Romesh Chander
R/o. 372-B, Lane No. 2, Rani
Talab, Digiana, Tehsil and
District, Jammu
3. Indu Magotra (Sharam) age 57
years W/o. Rakesh Kumar R/o.
256-C, Ram Vihar Old Janipur,
Tehsil and District, Jammu
Through: Mr. Nigam Mehta, Adv.
Q
Vs
1. Sate of J&K th. ..... Respondent(s)
Commissioner/Secretary to Govt.
Cooperative Department, J&K Govt.
Civil Secretariat, Jammu
2. The Jammu and Kashmir Cooperative
Union Ltd. th. its Chairman, Vir
Marg, Jammu
3. General Secretary, the Jammu and
Kashmir Cooperative Union Ltd. Vir
Marg, Jammu.
4. Registrar, Cooperative Societies,
J&K, Jammu.
Through: Mr. K. D. S. Kotwal, Dy.AG
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
09.10.2023
1. Through the medium of the instant writ petition, the petitioners have
challenged order dated 28.04.2018, 28.04.2023 and 18.11.2017, whereby
the petitioners have been directed to be superannuated upon attaining the
age of 58 years. The petitioners have also sought a direction upon the
respondents to enhance their age of superannuation to 60 years. A further
SWP No. 1110/2018
direction has been sought by the petitioners upon respondents directing
them to regularly release their salary.
2. So far as question regarding the age of superannuation of the employees
of the Cooperative Societies is concerned, the same has been subject
matter of determination before this Court in a number of writ petitions
and by now it is settled position of law that age of superannuation of
employees of the Cooperative Societies can be enhanced only by
amendment of SRO 233 of 1988 and not in any other manner. Therefore,
merely because age of superannuation of the Government employees of
the Jammu and Kashmir have been enhanced to 60 years does not
Ipso facto entitle the employees of the Cooperative Societies to
enhancement of age of their superannuation. In this regard reliance is
placed upon the judgment of this Court in Mohammad Maqbool Bhat
and others vs Union Territory of J&K, WP(C) No. 78/2020 decided
on 26.04.2023 and the judgment of the Division Bench in the case of N.
K. Mehta and others vs State of Jammu and Kashmir and others,
2009 (2) JKJ 1. In view of the authoritative pronouncements of this
Court on the issue, the relief prayed by the petitioners for enhancing their
age of retirement to 60 years cannot be granted. The writ petition to this
extent deserves to be declined.
3. That leaves us with the prayer regarding release of salary of the
petitioners. In this regard, a perusal of the minutes of the proceedings
reveals that in terms of interim order passed by this Curt on 01.06.2018,
the petitioners have been allowed to continue beyond the age of 58 years
till final decision is taken in the matter. It appears that the petitioners
SWP No. 1110/2018
have served with the respondents beyond the age of 58 years. They
cannot be denied the salary for the period for which they have actually
served with the respondents. In this regard, I am supported by the
judgment of this Court in the case of Shyam Prashad vs State of
Jammu and Kashmir and others, passed in SWP No. 2310/2013,
decided on 25.08.2023.
4. Accordingly, while dismissing the writ petition to the extent of prayer for
enhancement of age of superannuation of the petitioners to 60 years, it is
directed that the respondents shall release the salary of the petitioners for
the period for which they have actually worked with them. The needful
shall be done by the respondents within a period of three months from
today. The petition stands disposed of accordingly.
(SANJAY DHAR)
JUDGE
Jammu
09.10.2023
Rakesh
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
