The High Court of Bombay dismissed a Letters Patent Appeal challenging an order regarding the retirement age of a Vice Principal. The court held there was no reason to interfere with the single judge's decision to dismiss the civil application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 163 OF 2009 IN CIVIL APPLICATION NO. 2219 OF 2008 IN WRIT PETITION NO. 2634 OF 2007
Shri Budruk Vilas Sadashiv, Vice Principal Shriman Bhausaheb Zadbuke Mahavidyalaa
)
).. Appellant
Versus
The State of Maharashtra and others
).. Respondents
Mr. S.G. Kudle for the Appellant. Mr. S.N. Patil, Assistant Government Pleader, for the State.
CORAM : SWATANTER KUMAR, C.J. A.M. KHANWILKAR, J. DATED : 4TH NOVEMBER 2009
P. C .
We have heard the learned Counsel appearing for the Appellant. The challenge in the present Appeal is to the order dated 24th February 2009 passed by the learned Single Judge. According to the Appellant, in view of the Rules in force, the Appellant was entitled to serve till the age of 60 years and the stand of the Respondents that the Appellant ought to retire on attaining the age of 58 years was contrary to law. In the reply
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affidavit which was filed in the Writ Petition before the learned Single Judge, the stand was taken on behalf of the official Respondents that the Management had transferred the Appellant to the Junior College attached to Barshi College, Barshi as a Junior Lecturer with effect from 1st July 1977 and, therefore, he would retire as per the Rules upon attaining the age of 58 years. The learned Single Judge while dismissing Civil Application No. 2219 of 2008 held that the mere applicability of the Rule was in question and required determination upon complete hearing and the interest of the Appellant was quite protected by the fact that if the Appellant succeed, he would be entitled to the entire salary and benefits. We see no reason to interfere in the impugned order. Letters Patent Appeal dismissed. No order as to costs.
CHIEF JUSTICE
A.M. KHANWILKAR, J.
Shri Budruk Vilas Sadashiv, Vice Principal Shriman Bhausaheb Zadbuke Mahavidyalaa
The State of Maharashtra
Swatanter Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
