IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11963 of 2011 Lallan Singh son of Late Gulzar Singh, resident of Moh- Tapeshwar Nagar, P.S. Rupaspur, P.O. B.V. College, Patna …Petitioner Versus 1. The Union of India through the Secretary, Department of Agriculture & Co-operation „Krishi-Bhawan‟ New Delhi 2. The Director General, National Council for Co-operative Training, J.L. Nehru Marg, Hauz Khas, New Delhi 3. The Secretary NCCT J.L. Nehru National Co-operative Complex, August Kranti Marg Hauz Khas, New Delhi 4. The Director, Vaikunth Mehta National Institute of Co- operative Management, Pane (Maharastra). 5. The Director, AICTE at Indira Ganghi Sports Complex I.P. Estate, New Delhi 6. The Regional Director, D.N. Singh Regional Institute of Co- operative Management at Shastri Nagar, Patna …Respondents For the petitioner :Mr. Shivaj Singh For the respondents :Mr. P. Tekriwal ----------- 05. 24.10.2011 Present application has been filed seeking the following relief(s) as would appear from para 1 of the writ petition which reads as under:- “That the present application is directed against the Respondents‟ arbitrary and despotic action with respect to the matter of allowing legitimate benefits to the petitioner, ignoring his sincere, diligent and unblemished service records for about three decades as a „Lecturer‟ under N.C.C.T.- a subsidiary/instrumentality of the Govt. of India, Dept. of Agriculture and Cooperation.” On 14.09.2011, this Court on hearing the parties, passed the following order:- Counsel for the petitioner and the Respondent- NCCT and its officials are present. Learned counsel for the petitioner submits that the main grievance of the petitioner is that he should have been made to superannuate on attaining 60 years of age. It is submitted that during the pendency of this application, the respondents have made the petitioner to retire on attaining 58 years of 2 age in terms of the rule-provision contained in Service Recruitment and Promotion Rules of NCCT. Learned counsel relying on Annexure-6, submits that the Sub- Committee of the NCCT resolved to enhance the age of superannuation of the employees serving the NCCT. On perusal of Annexure-6, it does not, prima facie, appear that any such decision was taken. It is also not apparent from the pleadings on record that the Respondent-NCCT based on the decision taken in the Agenda Item No.3 (Annexure-6) made any request to the Govt. of India for permitting the Respondent- NCCT to enhance the age of superannuation of the employees serving the NCCT. It also does not appear from materials on record that any amendment in Service Rule has been effected. Mr. Tekriwal, learned counsel for the Respondent- NCCT, on the other hand, relies on the averments made in paragraph 7 of the counter affidavit which reads as under: “That it is stated that the service conditions of employees of National Council for Cooperative Training (NCCT) is governed by the “National Council for Cooperative & Training (NCCT) and National Cooperative Union of India (NCUI) Employees Service Rules 1994) (hereinafter to be referred as Rules 1994). In the said Rules 1994” the age of retirement of Group-A, B & C employees is 58 years. Till date no decision has been taken by the authority for enhancement of superannuation age of employees of NCCT to 60 years. The petitioner has already completed his age of superannuation as per Rules of 1994 on 31 July 2008 as on that date the petitioner had completed 58 years.” Let the petitioner supplement the writ petition and bring on record necessary pleadings supported by 3 document(s) within two weeks. Post this matter after three weeks as last zero item. It is admitted position that on attaining the age of 58 years, the petitioner superannuated from service of the National Council for Cooperative Training (for short „NCCT‟) as an employee in the academic cadre of the Institute/NCCT. Learned counsel for the petitioner submits that the Administration & Finance Sub-Committee, which is the competent body of the NCCT, in its 65th meeting adopted/passed the following resolution vide Agenda Item No.3:- “AGENDA Item No.3- Implementation of 6th CPC for the pensioners of N.C.C.T./RICMs/ICMs/VAMNICOM- “The Committee discussed at length the implementation of the 6th CPC recommendations for the pensioners of N.C.C.T/RICMs/ICMs/VAMNICOM and approved the proposal. However, due to financial constraints, the financial benefits are approved w.e.f. 1-1-2010; provided they give an undertaking that till the time the funds are not available with N.C.C.T. we shall not claim. The Committee held the view that a permanent solution to improve the fund position needs to be worked out by N.C.C.T. While reviewing the economics of pension fund. It was felt that the age of superannuation is increased from 58 yeas to 60 yeas. Then, there will be some improvement of pension fund to have safe passage for two yrs. More; apart being advantageous for N.C.C.T. besides, N.C.C.T will have the benefit of getting he services of experienced personnel/faculty. After detail discussion it was also suggested that the retirement age should be increased from 58 to 60 yrs. at par with Govt. of India and this proposal of increasing may be sent to Govt. of India.” It is contended that till date the aforesaid resolution of the 4 Sub-Committee has not been acted upon inasmuch as necessary steps for obtaining approval of the Government of India has not been taken. Learned counsel candidly submitted that by filing this writ petition, he seeks a direction upon the respondents to take follow up measures forthwith in line with the aforesaid resolution of the Administration & Finance Sub-Committee of the NCCT. A counter affidavit has been filed on behalf of the NCCT wherein a stand has been taken that as per the Service Recruitment & Promotion Rules of the NCCT(as contained in Annexure-A) the employees in grade A & B which includes employees in academic cadre of the NCCT would superannuate on attaining 58 years of age. It has been pointed out that till date no amendment in the said Rule has been effected. The respondents have further averred in para 20 as under:- “That the prayer of the writ petitioner on the interlocutory application is for enhancement of superannuation age from 58 yeas to 60 years. In that respect it is reiterated that the same is not maintainable as the service conditions of the employees is governed by Rules 1994 and in the said rules the superannuation age of Group-A, B and C employees is 58 years and till date no decision has been taken by the higher authorities for enhancement of age of superannuation up to 60 years. In this regard several writ applications have been filed by the employees of NCCT in different courts including before this Hon‟ble Court and this Hon‟ble Court has rejected the identical claim of enhancement of age of superannuation from 58 to 60 years vide order dated 16.5.2007 passed in CWJC No. 4188/2006(Dr. Braj Prasad & others Vs. Union of India & others.)” Learned counsel contended that the application is, therefore, bound to fail. It is submitted that even if the prayer of the 5 petitioner to direct the respondents to take follow up measures is taken into consideration, no substantive relief can be granted to the petitioner. Academic issues cannot be raised by the petitioner in writ proceeding not filed by way of public interest litigation. After hearing the parties and on going through materials on record, this Court finds force in the submissions of the counsel for the respondents. The application, thus, deserves to be dismissed. I order accordingly. hr ( Kishore K. Mandal )