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HC directs respondents to permit petitioner in-service beyond 58 years
Controversy over retirement age of CC Bank Employees
7/31/2014 11:05:56 PM

Jammu, July 31 (JNF): In a petition whether the petitioner (employee of citizen 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 he should be permitted to continue till the age of 60 years, which is prescribed under the Citizens Cooperative Bank Employee Service Rule, Justice Janak Raj Kotwal of J&K High Court Jammu Wing today in a petition filed by Shushma Sharma in which Advocate Abhinav Sharma appeared for the petitioner, has issued notice 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.
During the course of argument, Advocate Abhinav Sharma appearing for the petitioner submitted that aforementioned Service Rules are being applied continuously till date by the bank. He submitted that the continuous 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. Besides this, Advocate refers orders passed by coordination bench of the High Court in a petition which according to him is 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 his own risk and responsibility. She, however, shall not be given the salary for the said period till the matter is finally considered after the objections are filed by the respondents. In case it is found that the petitioner's had to superannuate on attaining the age of 58 years, the present order shall not confer any benefit upon the petitioner monetarily or otherwise.
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