LAWS(BOM)-2024-4-169

SUDHAKAR GOVIND SHELAR Vs. STATE OF MAHARASHTRA

Decided On April 04, 2024
Sudhakar Govind Shelar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner approaches this Court under Article 226 of the Constitution of India impugning the order dtd. 3/5/2021 passed by respondent no.2-Educational Institution and seeks to quash and set aside the order of superannuation and continue his services upto attaining age of 60-62 years.

(3.) The petitioner contends that he was appointed as an Assistant Librarian at respondent no.5-Ayurved Mahavidyalaya since 4/1/1992. He was promoted as Librarian. Suddenly, on 3/5/2021, he received communication from the President of the Trust-respondent no.2, informing that since he is completing 58 years of age, he shall retire on superannuation on 31/5/2021. Accordingly, he shall be discharged from the service. The petitioner made representation dtd. 9/3/2022 to the Principal of respondent no.5-College based on Government Resolution dtd. 22/8/2012 and pointed out that the age of retirement for Librarian is fixed to 60 years, which can be extended up to 62 years. As such, he is prematurely discharged. However, respondents failed to take cognizance of his representation. Hence, this petition for issuance of Writ.