JAGANNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the submissions made by the learned Counsel for the respective parties.

(2.) BY this petition, the petitioner has prayed to quash and set aside the order of his retirement dt. 23.2.1999 to the extent of the petitioner with further directions to the respondents to continue the petitioner till 1.4.2001 and provide him the benefit of age of 60 years.

(3.) GOVERNMENT Resolution No. SND/1099/34/Sewa -4, dt. 2.2.1999 (V) was referred to by the Chief Executive Officer, Zilla Parishad, Buldana and accordingly, in view of Section 10(1) of the Maharashtra Service Retirement and Pay Scale Rules, 1982, the teachers were retired including the petitioner. The name of the petitioner was shown at serial no. 17; the date of his birth was shown as 16.10.1940 and the date of his retirement was shown as 28.2.1999. Copy of letter dt. 23.2.1999 issued by the Chief Executive Officer, Zilla Parishad, Buldana was also communicated to the petitioner who was, at the relevant time, serving as a Head Master, Zilla Parishad High School, Buldana -for information and appropriate action. However, the decision dt. 23.2.1999 for retiring the petitioner was not challenged before the School Tribunal for the reasons best known to the petitioner.