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Bombay High Court

Sayed Aqueeluddin Hussaini Syed ... vs The State Of Mahrashtra And Others on 28 January, 2021

Author: Shrikant D. Kulkarni

Bench: S. V. Gangapurwala, Shrikant D. Kulkarni

                                         1                                      917,965.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                      917 WRIT PETITION NO.1592 OF 2021

        SAYED AQUEELUDDIN HUSSAINI SYED KHALEEL AHMED
                             HUSSAINI
                              VERSUS
            THE STATE OF MAHARASHTRA AND ANOTHER
                                 ...
             Advocate for the Petitioner : Shri S. S. Kazi
           AGP for Respondent - State : Mrs. P. V. Diggikar

                                              AND

                      965 WRIT PETITION NO.1669 OF 2021

                  MIRZA NAQI ALI MIRZA HYDER ALI
                                VERSUS
             THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
             Advocate for the Petitioners : Shri S. S. Kazi
     Additional Govt.Pleader for Respondent no.1 : Shri P. S. Patil
                                   ...

                                    CORAM : S. V. GANGAPURWALA &
                                            SHRIKANT D. KULKARNI, JJ.

DATED : 28th JANUARY, 2021 ...

PER COURT :

1. The learned counsel submits that on the date the petitioners joined the service, the age of retirement of the employees were 60 years. The respondents have framed the rules recently reducing the age of superannuation to 58 years. ::: Uploaded on - 01/02/2021 ::: Downloaded on - 09/02/2021 04:29:02 :::
2 917,965.odt The petitioners have assailed the said rules in the present petitions. The learned counsel relies on the various orders passed by the Division Bench at Nagpur and this Court.

2. Notice to respondents, returnable on 04/03/2021. The learned Additional G.P. waives notice for respondent No.1.

3. Till then, the respondents shall not relieve the petitioners only on the ground that the petitioners have completed 58 years of age. However, the continuation of the petitioners will not give any vested right to the petitioners nor the petitioners would be entitled to claim any equity in case the petitions are dismissed.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) shp/-

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