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2020 Supreme(Bom) 411

NITIN JAMDAR, M.S.KARNIK
Nishigandha Ramchandra Naik Indian inhabitant of Mumbai – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Dr. Abhinav Chandrachud a/w. Mr. Amogh Singh, Ms. Jayshri Manjrekar and Ms.Sonali Gargade i/b Solicis Lex
For the Respondent: Ms. P.H. Kantharia, Government Pleader a/w Mr.Himanshu Takke-AGP., State. Mr.Vishwajeet Sawant, Sr. Counsel a/w Ms.Tanaya Patankar i/b Ms. Nutan Patankar

JUDGMENT :

M.S. Karnik, J.

Rule. Rule is made returnable forthwith by consent of the parties. Learned Counsel waives service for Respondents.

2. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the Petitioner is seeking a declaration that the Recruitment Rules, 2015 of the Respondent No. 2 -Haffkine Institute for Training Research and Testing (hereinafter referred to as “the Institute” for short) are binding on the Respondent No. 1 – State of Maharashtra. As a consequence of this declaration, the Petitioner prays that the age of superannuation of the Petitioner for the post of ‘Assistant Director’ would be 62 years and not 58 years as is being applied in the Petitioner’s case. The Petitioner prays for setting aside the letter dated 30 January 2020 of Respondent No.1 rejecting the request for change in retirement age of Assistant Director’s post from 58 years to 62 years.

The brief facts are thus :

3. The Petitioner possesses Post Graduate degree in M.Sc. (Microbiology) and Doctoral Degree of Ph.D. in Applied Biology. She is a Young Scientist Awardee of Indian National Science Academy. The Petitioner has a post-doctoral experience for two years as a

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