HC permits petitioner to continue in service beyond 58 years, issues notice to State

Excelsior Correspondent

JAMMU, July 31: In a petition highlighting controversy over the retirement age of Citizens Cooperative Bank employees, High Court today issued notice to the State through Commissioner Secretary Cooperative Department, Registrar Cooperative Societies J&K, Citizens Cooperative Bank through its Managing Director and Chief Manager (Adm) Citizens Cooperative Bank returnable within three weeks.
The petitioner Sushma Sharma raised a question as to whether she being employee of Citizens Cooperative Bank should be made to retire at the age of 58 years, which is the date prescribed under SRO 233 of 1988 dated July 8, 1988 or she should be permitted to continue till the age of 60 years, which is prescribed under the Citizens Cooperative Bank Employee Service Rule.
During the course of argument, Advocate Abhinav Sharma appearing for the petitioner submitted that Service Rules are being applied continuously till date by the Bank and the stand of the respondent bank has been that SRO 233 of 1988, which prescribes the retirement age as 58 years, is not at all applicable to the bank. He referred orders passed by Coordination Bench of the High Court in a petition, which according to him, were passed in similar matter.
After hearing the counsel for the petitioner in-length, Justice Janak Raj Kotwal directed that subject to objections by the order side and till further orders the petitioner shall be permitted to continue in service beyond 58 years at her own risk and responsibility. She, however, shall not be given the salary for the period till the matter is finally considered after the objections are filed by the respondents.
“In case it is found that the petitioner had to superannuate on attaining the age of 58 years, the present order shall not confer any benefit upon the petitioner monetarily or otherwise”, the High Court directed while issuing notice to the State through Commissioner/ Secretary Cooperative Dept, Registrar Cooperative Societies J&K, Citizens’ Cooperative Bank through its Managing Director and Chief Manager (Adm) Citizen Cooperative Bank returnable within three weeks.

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