2410WP4215.05-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4215 OF 2005
PETITIONERS :- 1. Smt.Vijaya W/o Krishnarao Kale, Aged about
57 years, Occ: Physical Education Director,
resident of Amravati.
2. Sudhakar Namdeo Ambhore, age 57 years,
Occupation - Lecturer, resident of Amravati.
...VERSUS...
RESPONDENTS :-
ig 1. The State of Maharashtra, through its
Secretary, Higher and Technical Education
Department, Mantralaya, Mumbai - 32.
2. University Grants Commission, through its
Secretary, Bahadurshah Zafar Marg, New
Delhi-2.
3. Government Vidarbha Institute of Science,
Through its Principal, Amravati.
4. The Union of India, through its Secretary,
Ministry of Human Resources Development
(Department of Education, New Delhi.
5. Director of Higher Education, State of
Maharashtra, Pune.
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Mr.A.J.Dhobale, counsel h/f Mr. R.S.Parsodkar,
counsel for the petitioner.
Mr. A.A.Madiwale, Asstt. Govt.Pleader for the respondent Nos.1, 3 & 5.
Mrs.U.A.Patil, counsel h/f Mrs. M.P.Munshi,
counsel for the respondent Nos.2 & 4.
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CORAM : SMT. VASANTI A NAIK &
KUM. INDIRA JAIN, JJ.
DATED : 24.10.2016 ::: Uploaded on - 27/10/2016 ::: Downloaded on - 28/10/2016 00:35:06 ::: 2410WP4215.05-Judgment 2/3 O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.) By this writ petition, the petitioners have sought a declaration that the age of superannuation of the petitioners is 60 years and the respondent No.3 should continue the petitioners in service till they attain the age of 60 years.
2. Shri Madiwale, the learned Assistant Government Pleader appearing on behalf of the respondent Nos.1, 3 and 4, states that the issue involved in this case was involved in Writ Petition No.6529 of 2005 (Shri Shripati Bhiva Kamble v. State of Maharashtra and Ors.) and this Court had by the order dated 30/09/2005, dismissed the writ petition by relying on the judgment of the Hon'ble Supreme Court, reported in 1992 Supp (3) SCC 191 (T.P. George and others v. State of Kerala and others). It is stated that the case of the petitioners would stand covered by the aforesaid order dated 30/09/2005. It is stated that in view of the aforesaid, the writ petition is liable to be dismissed.
3. On a perusal of the judgment of the Hon'ble Supreme Court, reported in 1992 Supp (3) SCC 191 and the order dated 30/09/2005 in Writ Petition No.6529 of 2005, it appears that the issue stands answered against the petitioners in view of the aforesaid judgment and order. It is held in the aforesaid judgment that the ::: Uploaded on - 27/10/2016 ::: Downloaded on - 28/10/2016 00:35:06 ::: 2410WP4215.05-Judgment 3/3 University Grants Commission recommendations, fixing the age of retirement are directory in nature and the state government and the concerned university could fix the age of retirement as 58 years in the government colleges.
4. Hence, for the reasons recorded in the judgment of the Hon'ble Supreme Court, reported in 1992 Supp (3) SCC 191 and the order dated 30/09/2005 in Writ Petition No.6529 of 2005, we dismiss this writ petition with no order as to costs. Rule stands discharged.
JUDGE JUDGE
KHUNTE
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