The court dismissed the writ petition as devoid of substance. Clarifying that absorbed muster assistants are not government servants, the court held their statutory retirement age is 58, not 60.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
Writ Petition No. 1488 of 2005
Shri Ramdas Krishna Deore ..Petitioner
vs.
1. Executive Engineer & Ors. ...Respondents
Smt.Deepa Natwankar with Shri Jaideep Pawar for
petitioner.
Shri R.V.More for respondent no.2
Shri P.M.Patil, A.G.P. for respondent nos. 4 and 5.
CORAM: A.P.SHAH
& Dr.D.Y.CHANDRACHUDJJ.
8th August, 2005.
P.C.
. Heard Advocates.
2. The petitioner who was appointed as a muster
assistant in 1984 was absorbed in service in terms
of Govt.Resolution dated 1st December, 1995. The
said Govt.Resolution was issued pursuant to the
order passed by the Supreme Court whereby the
muster assistants were absorbed in class IV service
subject to the terms and conditions mentioned
therein. It appears that the muster assistants
have been finally absorbed in service of various
Zilla Parishads in terms of the aforesaid
Govt.Resolution. The Govt.Resolution, clearly
stipulates that the muster assistants shall not be
treated as government servants and their age of
retirement shall be 58 years instead of 60 years.
Under the circumstances, it is not open for the
petitioner to claim parity with class IV Govt.
servants as far as age of retirement is concerned.
The Govt.Resolution specifically prescribed the age
of retirement as 58 years and after attaining the
age of 58 years, the petitioner has been
superannuated from service. The petition is thus
devoid of any substance and hence dismissed.
1 issue framed by the court
Whether a muster assistant absorbed in service can claim parity with class IV government servants regarding the age of retirement.
Shri Ramdas Krishna Deore
Executive Engineer
A.P. Shah
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court