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2015 DIGILAW 126 (UTT)

VISHNU KUMAR v. DISTRICT SUPPLY OFFICER, HARIDWAR

2015-03-09

ALOK SINGH

body2015
JUDGMENT : Hon’ble Alok Singh, J (Oral) 1. Undisputedly, District Cooperative Federation Limited vide order dated 07.12.1992 was pleased to appoint petitioner as Salesman, purely on temporarily basis, on the payment of Rs. 20/- per day in the fair price shop of the District Cooperative Federation Limited, Peeth Bazar, Jwalapur District Haridwar; petitioner was issued quota card being salesman, which was valid till 31.12.2014, copy whereof is available on record as Annexure 3; petitioner made request in writing on 01.06.2014 for extension of his tenure for next five years in view of the fact that petitioner was going to be superannuated on 31.07.2014; Secretary, District Cooperative Federation Limited, made an endorsement, on the request letter of the petitioner (Annexure 4 to the writ petition), that if law permits, petitioner may be given extension for next two years with effect from 01.08.2014; Assistant Registrar, Cooperative approved the proposal of the Secretary saying petitioner would be allowed to continue for next two years @ Rs. 600/- per month; however, in the meeting of Committee of Management of District Cooperative Federation Limited held on 19.01.2015, a resolution was passed to the effect that since petitioner had attained age of superannuation, therefore, Rahul Kumar – respondent no. 4 be appointed as salesman in the fair price shop of the District Cooperative Federation Limited, purely on temporary basis on the basis of commission; feeling aggrieved, petitioner has approached this Court assailing the order dated 11.02.2015. 2. On being asked, as to whether District Assistant Registrar, Cooperative Society, under any law, can grant extension to the petitioner to work as salesman, after attaining the age of superannuation, Mr. Tapan Singh, Advocate for the petitioner, was not able to reply. 3. In my considered opinion, since Management Committee of District Cooperative Federation Limited in its meeting held on 19.01.2015 declined to grant extension to the petitioner and resolved to appoint Rahul Kumar – respondent no. 4 as salesman, purely on temporary basis, therefore, petitioner cannot be permitted to work as salesman, after attaining the age of superannuation. 4. There is another aspect of the matter i.e. since petitioner was never given permanent appointment and was permitted to work as salesman, purely on temporary basis, therefore, petitioner has absolutely no legal right to ask for extension, which otherwise, law does not permit so. 5. In view of the above, petition fails and is hereby dismissed in limine. 4. There is another aspect of the matter i.e. since petitioner was never given permanent appointment and was permitted to work as salesman, purely on temporary basis, therefore, petitioner has absolutely no legal right to ask for extension, which otherwise, law does not permit so. 5. In view of the above, petition fails and is hereby dismissed in limine. CLMA No. 2346 of 2015 also stands disposed of accordingly.