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2015 Supreme(Chh) 309

SANJAY K.AGRAWAL
P. N. Upadhyay – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajesh Kesharwani
For the Respondents: Gary Mukhopadhyay

ORDER :

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 C













































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