Jammu & Kashmir High Court Dismisses Plea Of Cooperative Society Employees For Retirement Age Parity With Govt Employees

The Jammu and Kashmir and Ladakh High Court on Wednesday dismissed the plea of Cooperative Societies employees seeking age of retirement at par with the Government employees.

Justice Sanjay Dhar observed that the Cooperative Societies are autonomous institutions governed by their  own rules and regulations and hence their employees cannot seek parity in service conditions with the employees of the Government, unless approved by the Board of Directors.

The bench was hearing a plea in terms of which the petitioners had challenged 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 UT government 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.

In the instant case the petitioners working with the Cooperative Societies in different capacities had made a representation to considered a raise in the age of their superannuation from 58 to 60 years at par with Government Employees.

Considering their representation the government had constituted a committee which in turn had recommended an amendment to SRO 233 of 1998 for brining uniformity in Service Rules of employees of Cooperative institutions with other State Government employees and a formal proposal in this regard was made by the Committee vide its communication dated 4th January, 1997.

Instead of taking a decision on the recommendations of the Committee the respondents continued to retire the employees of the Cooperative Societies at the age of 58 years, which constrained the petitioners to file this instant petition.

After a conscious consideration of contention raised the bench noted that Rule 13(1) of the Rules provides that the employees of Cooperative Societies shall superannuate at the age of 58 years and any amendment or alteration in any of the aforesaid 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. There is no other mode or method known to law whereby amendment can be carried out to the Service Rules notified vide SRO233 of 1998, the bench pointed.

Observing that the petitioners have invoked writ jurisdiction of this Court and sought a direction upon the respondents 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 court said that the recommendation court 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.

The Court further underscored 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.

In view of the same it dismissed their plea.

Case Title: Mohammad Maqbool Bhat Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 101

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