RAMBHAU SHAYMRAO BHUSARI Vs. PUNJABRAO DESHMUKH KRISHI VIDYAPEETH

JUDGEMENT

(1.) Rule. Rule, returnable forthwith. With the consent of the counsel for respective parties, the matter is taken up for final hearing and disposed of by this final judgment.

(2.) The petitioner was appointed as Laboratory Attendant some time in the year 1980. The petitioner was made to retire from service on attaining the age of 58 years on 30 th June, 2011. The petitioner has challenged the said decision by which he was not allowed to continue up to the age of 60 years. The petition was filed in the month of October, 2011. The Division Bench of this Court while issuing notice, has made it clear in its order dated 21 st October, 2011 that the petition may be disposed of finally at the stage of admission itself.

(3.) Learned counsel for the petitioner argued that the then Division Bench of this Court in Writ Petition No.2954 and 2505 both of 2011 has held that the Laboratory Attendants working in the Agricultural University are entitled to serve up to the age of 60 years, they being Group "D" employees, and their age of retirement should not be considered as 58. The decision of this Court is given in the case of Samadhan Rajaram Umak vs. Dr.Punjabrao Deshmukh Krishi Vidyapeeth and another, 2011 5 AllMR 267. Learned counsel for the respondents frankly submits that so far as this judgment is concerned, it clearly applies to the case of the petitioner is concerned because he was also serving as Laboratory Attendant. However, the said judgment was subsequent to petitioner's superannuation and, therefore, the same cannot apply retrospectively. The learned counsel also further submits that the petitioner has already taken retiral dues at the relevant time and after receiving the same, subsequently he has filed this petition.