Devendra S/O Rajaram Gulhane v. Municipal Corporation, Through Its Commissioner, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

2581/2020 Dr. Devendra S/o Rajaram Gulhane, aged about 57 Yrs., R/o Datta Vihar Colony, Parvati Nagar Road, Amravati.

...

Petitioner - Versus - 1.

Municipal Corporation, Amravati through its Commissioner.

2.

Medical Health Officer, Municipal Corporation, Amravati.

3.

State of Maharashtra, through its Secretary, Department of Public Health, Mantralaya, Mumbai - 400 032.

... Respondent s ----------------- Mr. Anand Parchure, Advocate for the Petitioner. Mr. Ankush Kalmegh, Advocate for respondent Nos.1 and 2. Mr. K.L. Dharmadhikari, Additional Government Pleader for Respondent No.3.

---------------- CORAM : SUNIL B. SHUKRE AND ANIL L. PANSARE, JJ.

DATE : 18.10.2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 2.

It is now an accepted reality by the respondents that the petitioner who is continued to be in service of the Municipal Corporation, Amravati on the strength of the interim relief granted to him by this Court on 20.10.2020 is now about to retire on attaining age of superannuation on 31.10.2022, by the own submission of the petitioner and that in no case, the petitioner would be continued in service after having attained the age of superannuation. If this is the position, this petition is all set to reach a stage of being infructuous on 31.10.2022. Accordingly, the petition is disposed of as having served its purpose while making it clear that the petitioner shall be permitted to retire from service as a Medical Officer on attaining age of 60 years on 31.10.2022.

3.

Rule is made absolute in the above terms. No costs. (ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:19.10.2022 18:20