DIWAKAR VASUDEO CHAMAT Vs. ZILLA PARISHAD

JUDGEMENT

(1.) BY this petition, the petitioner has prayed to quash and set aside the notice of superannuation dt. 30.6.1999 issued by respondent no. 2 to retire the petitioner at the age of 58 years.

(2.) MR . H.A. Deshpande, learned Counsel for the petitioner relies on the Judgment delivered by this Court in Writ Petition No. 2628 of 1991, dt. 3.9.2004. In paragraph 6 therein, this Court has observed thus:

(3.) IN the ruling in the case of M.G. Phadke and Others vs. Municipal Council, Hinganghat, District Wardha and Others reported in : AIR 1993 SC 142, the Apex Court has considered the case of teachers serving in Secondary School who were made permanent on 31st December, 1965 and held that their age of retirement would be 60 years. The Apex Court had set aside bye -law 4 of the Bye laws in that case on the ground that the Municipal Council, Hinganghat outstepped its jurisdiction in framing the bye -laws and directed that service of the appellants in that case shall be governed by the Secondary School Code as enforced by Regulation No. 19(7)(xvi) of the Maharashtra Regulations. Thus, the bye -laws framed by the Municipal Council providing for the age of retirement as 58 years was quashed. That being so, the Hon'ble Supreme Court has already considered the age of superannuation of the teachers working in the Municipal School in Vidarbha Division of Maharashtra as 60 years instead of 58 years while setting aside the bye -laws framed to reduce the age of superannuation from 60 years to 58 years.