ORAL JUDGMENT :- When this petition was called out, Court had indicated to the learned Advocate for the petitioners that as the appeal is still pending, it would be better if the petition is not pressed and petitioners defend the appeal. The hearing was adjourned at the request of learned Advocate Mr. P. B. Patil to ascertain if this course could be paved. In the afternoon session, learned Advocate Mr. P. B. Patil prayed that the petition be heard and decided.

2. Rule. Rule is made returnable forthwith and is heard.

3. Learned Advocate Mr. P. B. Patil took this Court through Exh.16, order below it, sections 9 to 11 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Rules made thereunder, and through reported judgment of Apex Court in case of Ramakant Shripad Sinai Advalpalkar vs. Union of India and others, AIR 1991 SC 1145.

4. This Court has perused the record and gave consideration to various aspects of the case.

Facts

5. Petitioners run a recognized school availing and run totally on grant-in-aid.

6. Shri L. K. Naik, who was working as Assistant Headmaster, became due for retirement on 30th June, 2005 due to attaining age of supe

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