Honble Arun Tandon, J.—Petitioner before this Court is employed as Junior Assistant Clerk in Ganna Kisan Sansthan, Muzaffar Nagar. The said Sansthan is run and managed by Lal Bahadur Shastri Ganna Kisan Sansthan, a Society duly registered under the Societies Registration Act. The petitioner is aggrieved by the notice dated 8.9.2009 informing the petitioner that he shall attain the age of superannuation i.e. 58 years on 28.2.2010 and shall retire from service accordingly. The notice so issued to the petitioner has been challenged by means of the present writ petition.

2. Shri Rakesh Pandey, counsel for the petitioner submits that Lal Bahadur Shastri Ganna Kisan Sansthan is an State within the meaning of Article 12 of the Constitution of India inasmuch as State of U.P. exercises all pervasive control over the said Society. For the purpose, reliance has been placed upon the judgment of the Honble Supreme Court of India in Civil Appeal No. 1572 of 2009 (State of U.P. v. Radhey Shyam Rai) decided on 6.3.2009.

3. He submits that under the Memorandum of Association, the power to lay down the terms and conditions of the employees of the Sansthan is with the governing body (Ref. Cla