NIKHIL SHAMRAO PARANDKAR Vs. STATE OF MAHARASTHRA

JUDGEMENT

(1.) Petitioners in the instant case are employed with Respondent No. 4 Institution. The Respondent No. 4 Institute was an existing institute as on 15.7.1981. The Petitioners herein were also in employment on the said date. The Respondents have not denied the date when the Petitioner joined service. The age of retirement was 60 years.

(2.) Pursuant to recommendations of the Fifth Pay Commission, the Government of Maharashtra in terms of the recommendations of the A.I.C.T.E. made applicable the pay scales along with some other conditions to the staff employed in technical institutions in the State of Maharashtra. One of the conditions was that the age of superannuation be reduced from 60 years to 58 years. The Petitioners are aggrieved by the G.R. of the Government to the extent that it reduces the age of superannuation.

(3.) Petitioner relies on Section 4 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and more specifically Section 4 thereof which reads as under: