Shri. Sabjiv S. Sonawane v. Chancellor / Governor, Raj Bhavan, Mumbai And ORS

903)WP7201.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 7201 OF 2014 Sabjiv B. Sonawane ..

Petitioner

Versus

Chancellor / Governor, Raj Bhavan,Mumbai & Ors.

..

Respondents Mr. Sanjiv A.Sawant a/w Abhishek Deshmukh, Advocate for the petitioner Mr. Rajendra Anbhule, Advocate for R. No. 1.

Mr. C.P. Yadav, AGP for the State.

CORAM:-ANOOP V. MOHTA & V. L. ACHLIYA, JJ.

DATED : -09/06/2015 P.C.

Rule. Rule returnable forthwith. By consent of the parties taken up for final hearing.

Heard learned counsel for the parties.

The petitioner has filed this petition as respondents refused to forward the proposal of petitioner for extending the superannuation age upto 60 years as per the procedure so prescribed apart from judgment of this Court and the Circular so issued by the State of Maharashtra. The submissions that petitioner is not 1/2

903)WP7201.14 entitled for the extension, in view of the Circular and the Judgment so referred above, therefore, there is no question of forwarding the case, in our view, is not acceptable at this stage, as ultimately the Appraisal Authority will decide the merit of the claim of petitioner. Therefore, as done in other matters and in other similarly situated petitioners proposal have been already forwarded, therefore, by keeping all points open for both the parties, we see no reason to deny this opportunity to petitioner. Therefore, following order is passed We direct respondent No. 3 to send the proposal of the petitioner to the Performance Review Committee within one week and the concerned respondents No. 5 and 6 ( Performance Review Committee) to take decision as early as possible preferably within four weeks from today and do further steps in accordance with law. The petition is accordingly disposed of. All points are kept open. No costs.

(V. L. ACHLIYA, J.) (ANOOP V. MOHTA. J.) md.saleem 2/2