GHULAM MUSTAFFA KHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed with the following prayer:-

(2.) Learned counsel appearing for the petitioner submits that, the petitioner is working as Deputy Wakf Officer in the office of District Wakf Officer, Aurangabad. The petitioner is a full-time employee working on regular post and in substantive capacity since last 26 years. It is submitted that, the petitioner was initially appointed as Clerk in the year 1979. Thereafter, he came to be promoted as Deputy Wakf Officer in 1987. It is submitted that, the date of birth of the petitioner is 12th May, 1948, which is evident from the extract of first page of service book. It is submitted that, in exercise of powers conferred by Section 10 of the Wakfs Act, 1995, the Maharashtra State Board of Wakfs, Aurangabad made regulations, namely, Maharashtra Wakf Board Regulations, 2003. It is submitted that, Regulation 19 of the Maharashtra Wakf Board Regulations, 2003 (hereinafter referred to as "the said Regulations) are approved in the meeting of the Maharashtra State Board of Wakfs, Aurangabad held sometime in the year 2004. A full time employee of the Board shall be governed by the Maharashtra Civil Services Rules, 1967. Regulations 19(1)(d) further provides that a full time employee of the Board shall not be continued to be employed after he has attained the age of 60 years, except under special resolution and recording the reasons therefor passed in the meeting of Board by 2/3rd majority of the total number of members of the Board. It is, therefore, clear from Regulation 19(1)(d) that the age of retirement on superannuation is of 60 years. However, a full-time employee of the Board can be continued in employment even after he attains the age of 60 years under a special resolution recording reasons thereof passed in the meeting of the Board by a 2/3rd majority 3rd the total number of members of the Board.

(3.) It is submitted that, the petitioner completed 58 years of age on 30th May, 2005. At the time of filing the petition, he would attend the age of 60 years on 12th May, 2007. He has at least one year and six months to go before his retirement. It is submitted that, although it is possible to continue a full time employee of the Board even after attaining the age of 60 years, there is no provision to retire a full time employee of the Board on superannuation or otherwise, before he attains the age of 60 years. It is submitted that, the Chief Executive Officer, Maharashtra State Board of Wakfs, Aurangabad has issued a notice directing to relieve him on retirement with effect from 30th December, 2005 on 13th December, 2005. It is submitted that, the petitioner preferred an application on 16th December, 2005, stating that he was entitled to pension as well as medical reimbursement benefit, as prescribed in form BG-6. The petitioner had expressed his willingness to get retired pursuant to the notice dated 13th December, 2005, if he was given the benefits under the Maharashtra Civil Services Rules. It is further submitted that, as per the Wakf Regulations, the age of retirement is 60 years. It is submitted that, the petitioner has not received any reply to his representation till this date. Meanwhile, the petitioner personally met the Chief Executive Officer, Maharashtra State Board of Wakfs, Aurangabad and requested to withdraw the notice of retirement. However, the Chief Executive Officer, orally turned down his request, and on the contrary, informed the petitioner that he would stand retired on 30 th December, 2005.