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2020 Supreme(Bom) 317

A.S.CHANDURKAR, VINAY JOSHI
Manorama Prakash Khandekar – Appellant
Versus
State of Maharashtra, Higher and Technical Education Department, through its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri P.C. Marpakwar, Advocate
For the Respondent:Ms H.N. Jaipurkar, Assistant Government Pleader, Shri H.D. Dangre, Advocate

JUDGMENT :

A.S. CHANDURKAR, J.

The petitioner takes exception to the action on the part of the respondent no.4 - Priyadarshani College of Education of seeking to retire the petitioner on completion of age of 58 years. The petitioner was appointed on the post of Lecturer pursuant to the order dated 06.10.2003. Her appointment was approved by the respondent no.2 - Nagpur University vide communication dated 28.10.2003 by considering the age of retirement to be 60 years, the petitioner was to superannuate on 26.10.2013. However on 20.10.2011, the petitioner was issued a communication by the Principal of the College stating therein that in the light of Circular dated 25.03.2010 issued by the respondent no.3-Secretary of the Society the petitioner would superannuate from service on 27.10.2011 on attaining the age of 58 years. The petitioner on 21.10.2011 issued a communication to the College stating therein that she was entitled to continue in service till the age of 60 years. The petitioner then approached University vide communication dated 24.10.2011. She was informed by the University on 07.12.2011 that the age of retirement was fixed by the Government at 62 years and therefore she was

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