SYED ISHAQUE SYED NABI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with the consent of Shri Naik, learned counsel for the petitioners and Mrs. Maldhure, learned Assistant Government Pleader for the respondents, by issuing Rule and making it returnable forthwith.

(2.) Refusal by the respondents to the proposal submitted by the petitioners in regard to reemployment of Petitioner No. 1 beyond the age of superannuation on the post of Head Master of Shah Babu High School and Junior College, Patur, a School run by Petitioner No. 2, is under challenge in the present petition.

(3.) Petitioner No. 2 is a Minority Education Institute registered under the provisions of the Societies Registration Act, 1860, as well as Bombay Public Trust Act, 1950. Petitioner No. 1 is a Head Master of Shah Babu High School and Junior College, Patur. Petitioner No. 1 was appointed as Head Master of the said School on 01.07.1992 and since then he continuously worked on the said post. Petitioner No. 1 was to retire on 30.06.2007 on attaining his age of superannuation. However, since the retirement date was coming in the middle of Academic Session and also considering the excellent service and outstanding record of Petitioner No. 1, Petitioner No. 2 - Society passed a resolution on 03.03.2007, resolving to reappoint Petitioner No. 1 for two years with effect from 01.07.2007. Accordingly, Petitioner No. 1 was reappointed and a proposal was forwarded to the Government seeking approval. Respondent No. 4 granted such approval for the term ending on 04.11.2007. Subsequently, one more proposal was forwarded by Petitioner No. 2 and the same was also approved by the respondents, granting approval to the appointment of Petitioner No. 1 till the end of the Academic Session 200708. One more approval was granted by the respondents whereby reappointment of Petitioner No. 1 was approved till the end of Academic Session 200809. It is the last proposal sent by Petitioner No. 2 - society on 26.03.2009 seeking reappointment of Petitioner No. 2 on the post of Head Master for the period of next two years i.e. for the Academic Session 2009 10 and 201011, which has been rejected by the respondents. The said rejection is questioned in the present petition.