Dr. Tukaram Shamrao Magdum v. The State Of Maharashtra, Through Secretary, Dept Of Higher And Technical Education And ORS

YBG caw247-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.247 OF 2015 IN WRIT PETITION NO.4139 OF 2014 Dr.Tukaram Shamrao Magdum ..Applicant In the matter between:

Dr.Tukaram Shamrao Magdum .. Applicant -VersusState of Maharashtra & Ors.

..Respondents Mr.V.A.Shastry for applicant Ms.S.S.Bhende, AGP for State respondent Nos. 1 to 3 Mr.S.P.Dighe i/b. S.Athalye for respondent No.4

CORAM

:

SMT. V.A.NAIK & C.V.BHADANG, JJ.

DATE :

30th January 2015.

P.C.

Heard the learned Counsel for the applicant. The learned Counsel states that despite the order dated 29th April 2014 directing the respondent University to constitute Performance Review Committee as expeditiously as possible, the University has not constituted the Performance Review Committee and has not considered the case of the applicant for extension of the age of

YBG caw247-15 superannuation.

Hence, we direct the respondent No.5, University to decide the proposal of the petitioner as early as possible and positively within a period of eight weeks. If the Performance Review Committee of the University finds that the petitioner is entitled to the extension of age of retirement, the Performance Review Committee shall immediately send the proposal of the petitioner to the State Government and the State Government should decide the same as early as possible and positively within a period of two months from the date of receipt thereof. The University is expected to consider the confidential reports of the petitioner for the past five years and if an adverse order is passed against the petitioner, the same should be communicated to the petitioner as early as possible. Civil application is allowed in the aforesaid terms and disposed of.

(C.V.BHADANG, J) ( SMT. V.A.NAIK, J.)