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2008 Supreme(Bom) 1765

A.P.DESHPANDE, N.A.BRITTO
Gopal Pal – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
Mr. N. Vaze, and Mr. R.S. Parshekar, Advocate, for the petitioner.
Mr. S.D. Lotlikar, Senior Advocate and Mr. Ryan Menezes, Advocate, for the respondent No. 1; Mr. S.S. Kantak, Advocate General and Mr. A. Kamat, Addl. Govt. Advocate, for the respondents Nos. 2 and 3.

Judgment

A.P. Deshpande, J.

As a common question of law is involved in these petitions, the same are heard together and are being disposed of by this common Judgment.

2. Issue Rule in Writ Petition No. 315/2008. Taken up for final hearing by the consent of parties along with the connected writ petitions.

3. A few facts that are relevant for adjudicating the issues involved in these petitions are narrated herein below separately in each of the petitions.

WRIT PETITION NO. 70/2003 :

The petitioner was initially a State Government employee who was sent on deputation to the Goa Tourism Development Corporation Ltd., ('Corporation' for short) in the year 1987 and came to be permanently absorbed in services of the Corporation with effect from 1.4.1989. The petitioner is seeking a writ of mandamus against respondent No. 1 not to superannuate him till completion of age of 60 years.

WRIT PETITION NO. 315/2008 :

Petitioner No. 1, in this petition, is the Employees Union by name "Goa Tourism Development Corporation Employees Union" which claim to be voicing the grievance of its members in a representative capacity in the matter of age of retirement. Petitioner No. 2 also claims that the age of retirem






















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