Devendra S/O Rajaram Gulhane vs Municipal Corporation, Through ...
2022 Latest Caselaw 11005 Bom

                                   1                wp2581.2020

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH : NAGPUR

               WRIT PETITION NO.2581/2020

Dr. Devendra S/o Rajaram Gulhane,
aged about 57 Yrs., R/o Datta Vihar
Colony, Parvati Nagar Road, Amravati.       ...    Petitioner
      - Versus -
1.   Municipal Corporation, Amravati
     through its Commissioner.

2.   Medical Health Officer,
     Municipal Corporation, Amravati.

3.   State of Maharashtra,
     through its Secretary, Department of
     Public Health, Mantralaya,
     Mumbai - 400 032.                      ...   Respondents


            -----------------
Mr. Anand Parchure, Advocate for the Petitioner.
Mr. Ankush Kalmegh, Advocate for respondent Nos.1 and 2.
Mr. K.L. Dharmadhikari, Additional Government Pleader for
Respondent No.3.
          ----------------


            CORAM : SUNIL B. SHUKRE
                    AND ANIL L. PANSARE, JJ.

DATE : 18.10.2022 2 wp2581.2020

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

2. It is now an accepted reality by the respondents that

the petitioner who is continued to be in service of the Municipal

Corporation, Amravati on the strength of the interim relief

granted to him by this Court on 20.10.2020 is now about to retire

on attaining age of superannuation on 31.10.2022, by the own

submission of the petitioner and that in no case, the petitioner

would be continued in service after having attained the age of

superannuation. If this is the position, this petition is all set to

reach a stage of being infructuous on 31.10.2022. Accordingly,

the petition is disposed of as having served its purpose while

making it clear that the petitioner shall be permitted to retire from

service as a Medical Officer on attaining age of 60 years on

31.10.2022.

3 wp2581.2020

3. Rule is made absolute in the above terms. No costs.

(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.)

Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:19.10.2022 18:20