Sanjay K. Agrawal, J.

1. Excellent question that emanates for consideration is nature of Rule making function exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is legislative or administrative in nature and scope of interference by this Court in that function.

2. The Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) (Sanshodhan) Ordinance, 2013 (for short "the Ordinance of 2013") was promulgated on 23rd August, 2013. It was an Ordinance to amend Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 by which the Rule 56 of the Fundamental Rule was amended and age of superannuation of the government servant was enhanced from 60 to 62 years. Thereafter, in compliance of the said Ordinance, the State of Chhattisgarh has issued the circular on 23rd August, 2013 stating inter-alia that the Government has taken a decision that according to the Ordinance of 2013 age of superannuation of employees working in the local bodies namely Municipal Council and Corporation etc. be amended accordingly. The Registrar, Co-operative Societies following the circular of the State Government and in exercise of powers conferred under Section 55(1) of the Chhattisgarh Cooperative Societies Act, 1960 (for short "the Act of 1960") passed an order dated 30.8.2013 enhancing the age of superannuation of the Co-operative servants from 60 to 62 years subject to approval of the said order by the Board of Directors of the concerned Co-operative Societies.

3. Respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit in its Annual General Meeting dated 4.3.2014 considered the order of the Registrar, Co-operative Societies dated 30.8.2013 and resolved to maintain the age of superannuation of their employees to be 60 years and accordingly, it was informed to the Registrar, Co-operative Societies and by order dated 27.9.2014, respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit rejected the representations of the petitioners for enhancement of their age of superannuation from 60 to 62 years.

4. Feeling aggrieved, the petitioners, who were earlier working in respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit, have filed these writ petitions questioning the order of the Registrar, Cooperative Societies dated 30.8.2013 as well as order dated 27.9.2014 by which respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit has rejected the representations of the petitioners stating inter-alia that order of the Registrar, Co-operative Societies enhancing the age of superannuation subject to approval of the Board of Directors of the concerned Co-operative Societies is bad and unsustainable in law and as such, condition of approval from the Board of Directors could not have been inserted by the Registrar, Co-operative Societies in exercise of powers conferred under Section 55(1) of the Act of 1960.

5. Return has been filed by the respondent/State stating inter-alia that the Registrar, Co-operative Societies is justified in enhancing the age of superannuation from 60 to 62 years subject to approval of the Board of Directors. Respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit, which is an autonomous body constituted under the provisions of the Act of 1960 and as such, the order of the Registrar, Co-operative Societies is justified.

6. Respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit has also filed its return stating inter-alia that order of the Registrar, Co-operative Societies enhancing the age of superannuation from 60 to 62 years subject to approval of the Board of Directors is legally supportable and justified as respondent-Chhattisgarh Rajya Sahkari Dugdha Mahasangh Maryadit is a body corporate having perpetual succession and a common seal and therefore, the Registrar, Co-operative Societies is justified in enhancing the age of superannuation from 60 to 62 years subject to approval of its Board of Directors. It has further been stated that the Board of Directors in its meeting t