SHIODAS S/O BHIMRAO PISE Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF EDUCATION AND EMPLOYMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of learned Counsels appearing for the parties.

(2.) The challenge in this petition is to communications dated 9.3.2017 and 15.3.2017 by which the petitioner, who was working as a Peon in the services of the Maharashtra State Secondary and Higher Secondary Board was informed that, on his attaining the age of superannuation of 58 years, he shall stand relieved from service w.e.f. 31.3.2017. Placing reliance upon Clause (2) of Government Resolution dated 15.11.1985, it is urged that the employees in service on or before 15.11.1985 are entitled to be continued in service upto the age of 60 years. According to the petitioner, he was in service prior to 15.11.1985 and hence, the respondents were wrong in retiring him on completion of age of 58 years w.e.f. 31.3.2017.

(3.) It is the specific stand taken by the respondent/Board relying upon Rule 20(3)(a) of the Maharashtra Secondary and Higher Secondary Board Regulations, 1977 (hereinafter referred to as "the Regulations of 1977") that an employee who is confirmed in a permanent post may continue in service till he completes the age of 60 years. Reliance is further placed upon Clause (2) of the Government Resolution dated 15.11.1985 and also letter of confirmation dated 4.12.1986 to urge that the petitioner was confirmed in service after the Government Resolution dated 15.11.1985 and therefore, the decision to retire him on completion of 58 years of age was correct.