2410WP4425.05-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4425 OF 2005
PETITIONER :- Dr. Mrs. Aarti W/o Ashok Saoji, aged about
57 years, Occupation-Professor in Botany,
Institute of Science, Nagpur.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, through its
Secretary, Higher and Technical Education
ig Department, Mantralaya, Mumbai - 32.
2) University Grants Commission, through its
Secretary, Bahadurshah Zafar Marg, New
Delhi-2.
3) Institute of Science, Ravinder Tagore Marg,
Nagpur, Through its Rgistrar.
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 00:35:08 ::: 2410WP4425.05-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 petitioner has sought a declaration that the age of superannuation of the petitioner is 60 years and the respondent No.3 should continue the petitioner in service till she attains 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 petitioner 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 petitioner in view of the aforesaid judgment and order. It is held in the aforesaid judgment that the University Grants Commission recommendations, fixing the age of retirement are directory in nature and the state government and the ::: Uploaded on - 27/10/2016 ::: Downloaded on - 28/10/2016 00:35:08 ::: 2410WP4425.05-Judgment 3/3 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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