M. Chennu vs The Registrar of Co-operative Societies, The Joint Registrar of Co-operative Societies and K.K. 259 Moongileri Primary Agricultural Co-operative Credit Society Ltd.

K. Chandru, J.—The petitioner was an employee of the 4th respondent Co-operative Society. He was working as a Salesman and got

retired from service on 31.8.2010. After his retirement, he has sent a representation dated 21.9.2010 to the respondent stating that the age of the

retirement of basic servants ""D"" Group is 60 years and therefore in the light of the Special bye-law No.12 read with F.R 56 (1) (a) r/w Rule

149(3) of the Tamil Nadu Co-operative Societies Rules, 1988, he should be allowed to continue till 60 years and seeks for a direction to dispose

of his representation in accordance with law.

Notice of Motion was ordered on 22.11.2010. On notice from this Court, the 4th respondent has filed a counter affidavit dated 16.2.2011.

In the counter affidavit, in paragraph No.4, it was averred as follows:

In para 7 of the affidavit the petitioner quotes clause 12 of the model special bye laws of the society relating to the service condition of retirement

age as follows:

Age of retirement In the matter of age of retirement from the service of the society, the rules applicable to the Government servants shall be

followed.

But the said model bye law was not approved by the authority for it to come into force. In the approved special bye laws of the 4th respondent

society on page 2 clause 3(3) clearly states that only basic employees viz. Peon and Watchman will have retirement age 60 years. This petitioner

being a Salesman he does not come under this clause and his retirement age is 58 years. The retirement age of any Government servant is as under

rule 56(1) of the fundamental rules clearly states that the basic servants who are eligible for pension shall retire on the attaining the age of 60 years.

The petitioner employed by the Co-operative Society and is governed by the bye laws of the society. The petitioner service is not a pensionable

service nor is he a basic servant. In fact the special bye law of the 4th respondent society has fixed that Peon and Watchman are the basic

servants. The amount of salary received cannot be the yardstick for fixing basic under the Tamilnadu Co-operative Societies Act.

In the light of the stand taken by the respondents, the claim made by the petitioner is misconceived and the Writ Petition is bereft of any legal

points. Hence, the Writ Petition stands dismissed. No costs.