Bombay High Court
Sudam Dada Devkhile vs The State Of Maharashtra Thr Secretary ... on 28 May, 2024
1 wp 5146.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 5146 OF 2024
Sudam Dada Devkhile .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Dilip J. Choudhari, Advocate for the Petitioner.
Mrs. Ashlesha S. Deshmukh, A.G.P. for the Respondent No. 1.
Shri R. B. Bhosle, Standing Counsel for the Respondent No. 2.
CORAM : SHAILESH P. BRAHME, J.
(VACATION COURT)
DATE : 28TH MAY, 2024.
ORDER :
. The petitioner is challenging communications dated 29.04.2024 and 21.05.2024 addressed by the respondent Nos. 4 and 5 respectively to the Principal of Engineering College, where petitioner is rendering services as Assistant Professor (Selection Grade). By impugned communications, petitioner is directed to be relieved from the services from 31.05.2024 as petitioner is completing his 60 years. Petitioner seeks to rely on service conditions which are applicable to the college stipulated by Regulations of 2019 issued by the respondent No. 2.
2. I have gone through Clause No. 2.12 of Regulations of 2019, which lays down age of superannuation to be 65 years. Petitioner is approved teacher and he is to attain age of superannuation on 2 wp 5146.24 01.06.2029. Impugned communications are silent as to why and how petitioner can be directed to be relieved before completion of age of superannuation. Petitioner is rendering services in engineering college. Considering challenge raised in this petition, his services need to be protected.
3. Issue notice to respondents, returnable on 26.06.2024. Learned A. G. P. waives notice for the respondent No. 1. Learned counsel Mr. Bhosle waives notice for the respondent No. 2.
4. Petitioner is at liberty to serve the remaining respondents by private notice.
5. In the mean while there shall be ad-interim relief in terms of prayer clause 'E'.
[ SHAILESH P. BRAHME, J. ] bsb/May 24