Ashok Tukaram Bhingarde vs The State Of Maharashtra And ...
2021 Latest Caselaw 15450 Bom

                                           1                               980 wp.12014.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                        980 WRIT PETITION NO.12014 OF 2021

                         ASHOK TUKARAM BHINGARDE
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND ANOTHER
                                       ...
Advocate for Petitioner : Mr. Shriraj R. Wakale.
AGP for Respondent/State: Mr. S. K. Tambe.
Advocate for Respondent No.3 : Mr. K. C. Sant.
                                       ...


                                    CORAM : S. V. GANGAPURWALA &
                                            R. N. LADDHA, JJ.

                                    DATE       :   27th October, 2021.

P.C.:

.         At the request of the learned counsel for petitioner, leave to add

Maharashtra University of Health Sciences as a party.

2 At the request of the learned counsel for petitioner, leave to add

documents.

3 The learned counsel for petitioner submits that the age of

retirement of the employees of the colleges affiliated to Maharashtra

University of Health Sciences is 60 years. Respondent No.2 has

issued letter to the petitioner asking the petitioner to retire on 30 th

October, 2021 on completing the age of 58 years. The learned

counsel relied upon the judgment of the Division Bench of this Court

delivered at Principal Seat in Writ Petition No.3838 of 2007 dated 3 rd

2 980 wp.12014.21.odt

March, 2008 and the judgment of the Apex Court in Civil Appeal

No.898 of 1992 dated 31st July, 1997.

4 According to the learned counsel, the employee in the case of

Writ Petition No.3838 of 2007 decided by the Division Bench of this

Court at Principal Seat is similar. In that, he was also the employee of

the college affiliated the Maharashtra University of Health Sciences.

The petitioner herein is working as an Assistant Director of Physical

Education.

5 Issue notice to respondents, returnable on 25th November, 2021.

6 The learned AGP accepts notice for respondent No.1 and

Mr.Sant, learned counsel waives notice for the added respondent

No.3.

7 Till the next date, the respondents shall not relieve the petitioner

on the ground that the petitioner has completed 58 years of age.

However, in case the petition is decided against the petitioner, then the

petitioner would not be entitled for any equity or salary for the period

he has worked.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga