Bombay High Court
Ranjeet Gopalrao Dharmapurikar vs The State Of Maharashtra And Others on 23 November, 2020
Author: R. G. Avachat
Bench: S.V. Gangapurwala, R. G. Avachat
Writ Petition No.7694/2020
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7694 OF 2020
Ranjeet s/o Gopalrao Dharmapurikar ... PETITIONER
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Mr. Prakashsingh B. Patil, Advocate for the petitioner
Mrs. V.N. Patil Jadhav, A.G.P. for respondent - State
.......
CORAM : S.V. GANGAPURWALA AND
R. G. AVACHAT, JJ.
DATE : 23rd NOVEMBER, 2020 PER COURT :
1. The learned counsel for the petitioner submits that, the petitioner is working as Information Scientist with respondent No.2. The post of the petitioner is equivalent to the post of the teaching staff. The age of superannuation for a member of the teaching staff is 60 years as per the notification dated 11/12/1999. The impugned notice is issued directing the petitioner to retire on 30/11/2020 on completion of 58 years of age. The learned counsel submits that, the Registrar has also represented to the Accounts and Audit Department under letter dated 17/2/2014 (Page 19 of the petition) that the Government ::: Uploaded on - 24/11/2020 ::: Downloaded on - 25/11/2020 04:02:11 ::: Writ Petition No.7694/2020 :: 2 ::
has also confirmed that the post of petitioner is equivalent to the teaching post. The reference can be had to the letters dated 6/3/2010 and 6/12/2013. The University was also of the said opinion, as such represented the State under letter dated 25/10/2013 that the post of the petitioner is equivalent to the teaching post.
2. Issue notice to respondents returnable on 21st December 2020. Learned A.G.P. waives notice for respondent No.1.
3. Till next date, the respondents may not relieve the petitioner only on the ground that he has attained the age of 58 years. The services of the petitioner will be at his own risk. He shall not claim equity pursuant to the present order and his service in the interregnum would be subject to the decision of the present Writ Petition.
4. Hamdast allowed.
[R. G. AVACHAT] [S.V. GANGAPURWALA]
JUDGE JUDGE
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