Sayyed Shakir Ali Sayyed Zakri Ali v. The State Of Maharashtra Through Its Principal Secretary And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5008 OF 2023 SAYYED SHAKIR ALI SAYYED ZAKRI ALI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER ...

Advocate for Petitioner : Mr. Kazi S S AGP for Respondent No.1: Mr. P.S. Patil Advocate for Respondent No.2 : Mr. N.E. Deshmukh .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 28th APRIL, 2023.

PER COURT :- 1.

This Petition is not on the daily cause list. A grave urgency was voiced at 10.30 a.m. today, pointing out that the Wakf Board is retiring the Petitioner from service on 30.4.2023, despite the judgment of the learned Full Bench, dated 26.09.2022, delivered in Writ Petition No. 5855 of 2019 and other connected writ petitions, concluding that the class IV employees appointed prior to the amendment of 2018, would retire at the age of 60 years. Hence, taken on the production Board.

2.

Having considered the submissions of the learned advocates for the respective sides and in view of the written apology/undertaking dated 28.04.2023, filed by Mohinuddin s/o Babalal Tashildar, the Chief Executive Officer of the Maharashtra

wp5008.23 -2State Board of Wakf, Aurangabad, which is marked as "X" for identification, the Wakf Board has withdrawn the impugned notice dated 27.04.2023. The grievance of the Petitioner is, therefore, redressed.

3.

In view of the above, this Petition is disposed off. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/