Narendra Dadarao Raut, Associate ... vs The State Of Maha. Thr Secretary ...

Citation : 2016 Latest Caselaw 5041 Bom
Judgement Date : 29 August, 2016

Bombay High Court
Narendra Dadarao Raut, Associate ... vs The State Of Maha. Thr Secretary ... on 29 August, 2016
Bench: B.R. Gavai
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                               NAGPUR BENCH : NAGPUR




                                                   
                              Writ Petition No.1008/2016
                                           ...




                                                  
    Narendra Dadarao Raut,
    Aged about 60 years,
    Occupation: Service as Associate
    Professor in Shri Shivaji Agriculture
    College, Amravati, R/o Near Zilla




                                               
    Parishad Primary School,
    Radhanagar, Amravati 444 603.
                             
    Tq. & Dist. Amravati.                         ..             PETITIONER


                                   .. Versus ..
                            
    1. The State of Maharashtra,
       through its Secretary,
       Department of Agriculture,
      


       Animal Husbandry, Dairy
       Development & fisheries,
   



       Mantralaya, Mumbai -32.

    2. The Principal,
       Shri Shivaji Agriculture College,





       Amravati, Tq. & Dist. Amravati.

    3. Shri Shivaji Education Society,
       Amravati, through its Secretary,
       Shivajinagar, Amravati 444 603.





    4. Dr. Panjabrao Deshmukh Krishi-
       Vidyapeeth, Akola, Dist. Akola,
       through its Registrar.                     ..         RESPONDENTS


    Mr.   V.A. Kothale, Advocate for Petitioner.
    Mr.   Nikhil Joshi, A.G.P. for Respondent No.1.
    Mr.   A.R. Sambre, Advocate for Respondent Nos. 2 and 3.
    Mr.   A.R. Patil, Advocate for Respondent No.4.

                                   ....




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                  CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : August 29, 2016.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. The petitioner has approached this Court being aggrieved by the communication addressed by respondent no.2 dated 26.10.2015 by which the petitioner was informed that he would stand retired on completion of the age of 60 years.

3. It is the contention of the petitioner that though the age of retirement of the Agriculture University was extended to 62 years, the said benefit was not made available to the teaching staff of the Colleges which are affiliated to the said University.

4. Vide order dated 10.02.2016, this Court had directed that the petitioner shall be continued in service and his salary shall be paid regularly.

5. An affidavit is filed by Mr. Kamlakar Yeshwant Vanjare, presently working as Deputy Secretary in Agriculture & ADF Department, Mantralaya. In the said affidavit, it is stated that the benefits of the G.R. dated 4.4.2015 is applicable to the Colleges ::: Uploaded on - 30/08/2016 ::: Downloaded on - 31/08/2016 00:39:12 ::: 3 Wp1008-16.odt affiliated to respondent no.4-University.

6. In that view of the matter, the petition deserves to be allowed. We declare that the petitioner is entitled to be continued in service till completion of 62 years of age. Needless to state that he would also be entitled for the salary during the said period.

7. Rule is made absolute in the aforesaid terms with no order as to costs.

(V.M. Deshpande, J. ) (B.R. Gavai, J.) ...

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                                   Certificate




                                                                              

I certify that this judgment uploaded is a true and correct copy of original signed Judgment.

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