N K SATYADAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - Petitioner respondent by Counsel.

(2.) RULE made immediately returnable and heard, Counsel for the respondents to waive service.

(3.) PETITIONER sought retirement as from 31-8-1988 A. N. on the basis of Rule 10 (5) (a) (i) of the Maharashtra Civil Services (Pension) Rules, 1982. Respondents dispute the eligibility of petitioner to seek the benefit of the aforesaid rule The undisputed facts are that petitioner was born on 1-6-1937 and joined service on 15-11-1971. He gave a notice of retirement on 7-1-1988 indicating therein that he be permitted to retire as from 31-8-1988. It was his case that he had joined service before attaining the age of. 35 years and had given notice after having attained the age of 50 years From the correspondence, the stand taken by the respondents appears to be that petitioner joined service in the 35th years of his life and therefore, could not seek retirement under the aforesaid rule. The said rule, to the extent, reads as follows : -