The court ruled that an enhancement of retirement age can only apply to future retirees and cannot be retroactively claimed by individuals who have already retired under the previous rules.

JUDGMENT :

V. Narasingh, J.

1. The petitioner. who was working as a Junior Supervisor in the office of the Berhampur Co-operative Central Bank, (hereinafter referred to as “the Central Bank”, for convenience of ready reference) has approached this Court under Article 226 of the Constitution of India assailing the order passed by the Central Bank by order dated 23.07.2014 at Annexure-4, intimating him about his retirement of service with effect from 30.09.2014, on attaining the age of superannuation of 58 years and petitioner has also sought for a direction to the Opposite Party No.2 (The Registrar Co-operative Society), Opposite Party No.3. (Management-in-charge, Berhampur Co-operative Central Bank- cum-Collector) and Opposite Party No.4-(The Secretary, Berhampur Co-operative Central Bank, Berhampur) “to bring him back to service” and allow him to continue till he attains age of 60 years.

2. The petitioner joined the service of Berhampur Cooperative Central Bank Ltd. on 15.02.1985.

3. It is on record that the Government of Odisha in Finance Department issued a resolution dated 28.06.2014 at Annexure-2 enhancing the retirement age from 58 to 60 years for the State Government employees making suitable amendment of Odisha Service Code and on a bare perusal of the said Annexure-2, it can be seen that the same was directed to be implemented with immediate effect.

4. On 13.08.2014, the Managing Committee of the Berhampur Co-operative Central Bank Ltd., Berhampur as per resolution No.1 resolved to request the Registrar Co-operative Society, Odisha, Bhubaneswar, to accord necessary approval for implementation of the enhancement of the retirement age of Berhampur Co- operative Central Bank Ltd., Berhampur employees from 58 to 60 years.

5. In the said resolution, which is at Annexure-3, the Chief Executive of the Bank was authorized to have correspondence in this regard with the Registrar Co-operative Society, Odisha, Bhubaneswar.

6. It is on record that the Registrar Cooperative Society took a decision on 29.09.2014 in exercise of power under Section 33-A of the OCS Act, 1962 to enhance the retirement age in respect of employees of all the Co-operative Society excepting the employees of the Co-operative Societies as at serial No.3 of the said order.

7. The order of the Registrar Co-operative Society (Opposite Party No.2) dated 29.09.2014 is extracted hereunder:-

“OFFICE OF THE REGISTRAR COOPERATIVE SOCIETIES, ODISHA, BHUBANESWAR

xxx xxx xxx

WHEREAS, movement in Cooperation Department in their Letter No.7531 dated 26.09.2014 interalia have intimated that in the meantime Government have been pleased to order that MoU for revival of Short Term Cooperative Credit Structure (STCCS) was executed with Government of India and NABARD; and

2. WHEREAS, in the said letter it has also been held that on the basis of the MoU, the OCS Act was amended to bring in required legal reforms for the STCCS; and

3. WHEREAS, it has further been held in the said letter that as per the amended provision of the OCS Act, the Registrar of Cooperative Societies, Odisha is to finalise the service condition of the Staff of Credit Cooperative Societies (OSCB, DCCB and PACS) in consultation with NABARD; and

4. WHEREAS, it has been decided by the Government that in respect of all other Cooperatives the retirement age limit be enhanced to 60 years;

5. NOW THEREFORE, in exercise of po