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Bombay High Court

Khawaja Khallque Ahmad vs The State Of Maha., Thr. Principal ... on 23 November, 2020

Author: Avinash G. Gharote

Bench: S.B. Shukre, Avinash G. Gharote

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                                                                       wpst11581.20.odt

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

                WRIT PETITION STAMP NO. 11581 OFN 2020
    (KHAWAJA KHALLQUE AHMAD VRS STATE OF MAHARASHTRA
                                    AND SIX OTHERS)
 -----------------------------------------------------------------------------------
 Office Notes, Office Memoranda of                          Court's or Judge's Order
 Coram, appearances, Court's Orders
 or directions and Registrar's order


                   Shri A.D.Mohgaonkar, Advocate for petitioner.
                   Shri S. Y. Deopujari, Government Pleader for respondent nos.1 to 5


                           CORAM :- SUNIL B. SHUKRE AND
                                    AVINASH G. GHAROTE, JJ.

DATED :- 23.11.2020 Heard Shri A.D.Mohgaonkar, the learned counsel for the petitioner and Shri S.Y.Deopujari, the learned Government Pleader, who appears by waiving notice on behalf of Respondent Nos. 1 to 5.

2. Issue notice for final disposal of the matter at the admission stage to respondent No. 6 and 7, returnable after two weeks.

3. Meanwhile, having considered the provisions contained in the G.R. dated 25.02.2011, in particular Clause (8) of the Government Decision, which prescribes the maximum age of retirement of a lecturer/teacher, who does not hold the post of Principal, to 62 years, subject to performance review to be taken on completion of the age of 60 years and also the direction issued by the Joint Director, Technical Education, Nagpur and the Deputy Secretary, Maharashtra State Technical Education ::: Uploaded on - 23/11/2020 ::: Downloaded on - 25/11/2020 02:55:07 ::: 2 wpst11581.20.odt Board respectively on 05.11.2020 and 12.11.2020, calling upon respondent Nos. 6 and 7 to adhere to the guidelines contained in the G.R. dated 25.11.20211, there shall be interim relief in terms of prayer clause (2) till appearance of respondent Nos. 6 and 7 with a rider that upon completion of age of 58 years, for the present, the petitioner may not be paid any salary though the petitioner shall be allowed to be continued to hold the post which he is presently holding.

                               JUDGE                             JUDGE


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