Bombay High Court
Nelu S/O Keshavrao Bahekar vs The State Of Maharashtra, Thr. ... on 29 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL WRIT PETITION NO. 6519 OF 2023
Dr.Nelu Keshavrao Bahekar -Vs-The State of Maharashtra and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. A.P.Raghute, counsel for the petitioner.
Mr. A.S.Fulzele, Addl.G.P for respondent Nos.1 and 2.
Mr.B.G.Kulkarni, counsel for respondent No.4 .
CORAM :A.S.CHANDURKAR &
MRS.VRUSHALI V. JOSHI, JJ.
DATED :29.09.2023.
1. We have heard the learned counsel appearing
for the petitioner as well as the learned counsel appearing
for the respondent No.4 on the prayer for interim relief.
2. The petitioner by relying upon the provisions of
Government Resolution dated 05.03.2011 prays that she
be permitted to continue in service till the age of 65
years. The petitioner is to attain the age of
superannuation of 62 years on 30.09.2023. It is
submitted by the learned counsel for the petitioner that
though it was necessary for the respondent No.4 to take
necessary steps to enable assessment of the petitioner's
performance for the age of superannuation to be
extended to 65 years, such steps were not taken by the
College.
3. Reliance is placed on the judgment of learned
Kavita
9-wp- 6519-23.odt
Single Judge in Writ Petition No. 12761 of 2019
(University of Mumbai Vs. Satish V.Ratnaparkhi) decided
at the Principal Seat. It is also submitted that at no point
of time did the College make any grievance that the
petitioner has not submitted relevant documents with
regard to self assessment. Hence, it is prayed that the
petitioner be permitted to discharge her duties till the
age of 65 years.
4. This prayer is opposed by the learned counsel
appearing for the College by submitting that the manner
in which the age of superannuation can be extended to
65 years has been laid down in Government Resolution
dated 23.11.2011. As per Clause 4 thereof, various
compliances are required to be done by the concerned
teacher. Inviting the attention to the averments made in
the affidavit-in-reply, it is submitted that the petitioner
sought issuance of fitness certificate only on 20.09.2023,
which should have been in fact was required to be done
much prior in time. Similarly, she has also submitted
proposal for leave encashment on 14.09.2023 and sought
to withdraw the amount of provident fund on
23.09.2023. The documents in that regard are annexed in
the affidavit-in-reply. It is also asserted that for the last
five years, the petitioner failed to submit her performance
appraisal reports for each year. This was relevant in view
of such specific requirement in the Government
Resolution dated 05.03.2011. It is thus submitted that
for want of these steps being taken by the petitioner, she
has no right to seek extension of time.
Kavita
9-wp- 6519-23.odt
5. We find prima facie that the requisite steps that
have to be taken to enable performance appraisal have
not been undertaken by the petitioner within the time-
frame prescribed by Government resolution dated
23.11.2011. In addition, these steps taken for seeking
withdrawal of the amount of the provident fund on
23.09.2023 coupled with submission of application for
fitness certificate belatedly on 20.09.2023 are the reasons
not to hold the petitioner entitled for any interim relief.
In case, the petitioner succeeds in the writ petition she
would be entitled to all the benefits flowing from the
relief that could be granted while deciding the writ
petition. Hence, the prayer for interim relief is rejected.
6. Stand over after four weeks for further
consideration.
JUDGE JUDGE
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Kavita
Date: 30/09/2023 16:44:09
