Shri. Chandrakant Nivrutti Kumbhar v. The State Of Maharashtra, Through Principal Secretary, Dept Of Higher And Technical Education And O

(944)-WP-7710-14.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7710 OF 2014 Shri. Chandrakant Nivrutti Kumbhar ..Petitioner

Versus

The State of Maharashtra and others ..Respondents Mr. Sanjiv A. Sawant, Advocate for the Petitioner. Mrs. S. D. Vyas, "B" Panel Counsel for Respondent No.1. Mr. A. B. Borkar, Advocate for Respondent No.2. CORAM: B. R. GAVAI & DAMA SESHADRI NAIDU, JJ.

DATE: 14th MARCH, 2019 P.C.:- 1] Petitioner has approached this court, praying for direction to Respondents to continue him in service upto the age of 62 years. As per the Service Conditions of the Petitioner i.e. the College Code, age of the retirement of an employee is 60 years. However, on the basis of certain directions issued by Division Bench of this Court, a G.R. has been issued by the State Government, which provided that the cases of candidates for extension of age of retirement upto 62 years, should be considered. However, the G.R. also provided that, for recommending the case, High Level Performance Appraisal 1/2

(944)-WP-7710-14.doc Committee would consider the claim of the candidate and make recommendations to the State Government.

On such recommendations, State Government was to take decision in that regard.

2] Admittedly, in the present case, the High Level Performance Appraisal Committee has not recommended the case of the Petitioner for extension of his retirement age upto 62 years. In that view of the matter, no right is created in favour of the Petitioner for seeking extension of his retirement age upto 62 years. 3] Petition stands rejected.

(DAMA SESHADRI NAIDU, J.) (B. R. GAVAI, J.) 2/2