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Bombay High CourtCAW/2909/2024rejected

Ratnakar S/O. Ramaji Dahat v. The State Of Maharashtra, Thr. Secretary, Dept. Of Higher And Technical Education, Mumbai And ORS.

2025-03-04Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4264 OF 2024 WITH CIVIL APPLICATION (CAW) NO. 2909/2024 Dr. Ratnakar S/o Ramaji Dahat Vs. The State of Maharashtra, through its Secretary, Department of Higher and Technical Education and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.P. Raghute, Advocate for Petitioner Mr. S.M. Uike, Addl. GP for Respondents / State Mr. B.G. Kulkarni, Advocate for Respondent No.4 Mr. R.D. Bhuibhar, Advocate for Respondent No.5 CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 4th MARCH, 2025 1.

The age of retirement of the petitioner as of now is 62 years, as against which, the claim is being raised, that it should be 65 years. Civil Application (CAW) No. 2909/2024 is for direction to the respondent No. 4 to prepare salary bills from the month of August, 2024, till date and payment accordingly. Since the issue regarding the age of retirement is not yet decided, the said plea cannot be considered, as such entitlement would only arise if a finding is arrived by this Court, that the petitioner ought to have retired after attaining 65 years of age. Till that time, the petitioner, if he deems it fit and proper may continue to render his service pro bono to the Institution. Civil Application is accordingly

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2.

The pension proposal of the petitioner treating him to be superannuated at the age of 62 years shall be processed by the management and other authorities and the pension and other emoluments payable in terms thereof shall be disbursed to the petitioner within a period of eight weeks from today. This is, however, subject to the result of the petition.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 04/03/2025 18:22:09