Deepak Baliram Malave v. The State Of Maharashtra Thr Its Secretary And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8365 OF 2025 Deepak Baliram Malave ..Petitioner vs.
The State of Maharashtra and anr.
..Respondents ------------ Adv. Swapnil S. Dhage a/w Adv. Shrikant Kompelli, for the Petitioner.
Ms. Rupali Shinde, AGP, for Respondent No.1-State. Mr. Sameer K. Sawant, for Respondent No.2.
------------
CORAM
: M. S. KARNIK & N. R. BORKAR, JJ.
DATE : 25th JUNE, 2025 P.C. :
1.
The Petitioner is working as an Agricultural Economist (Associate Professor Cadre) with the Dr. Babasaheb Sawant Kokan Krishi Vidyapith, Dapoli. The Petitioner has filed this Petition challenging the legality and validity of the Government Resolution (GR) dated 20/02/2024. It is the contention of learned counsel for the Petitioner that the GR has been implemented without considering the earlier GR dated 04/04/2015 whereby the age of retirement has been reduced from 62 years to 60 years. As per the GR dated 20/02/2024, the date of retirement of the Petitioner is 30/06/2025.
2.
The Petitioner has voluntarily filed an affidavit of undertaking which is taken on record and marked as Exhibit "X" for identification. We have gone through the affidavit filed by the Petitioner. Paragraph 2 of the affidavit reads thus :- "2. I am voluntarily filing this undertaking to state that I want to voluntarily work beyond my retirement date i.e. 30th June, 2025, and I will not claim any salary or monetary benefits for working beyond 60 years. My continuation of working beyond my retirement date would create no equities in my favour with regards to my salary and monetary benefits and it would be subject to the result and orders passed by this Hon'ble Court in the captioned Writ Petition. That I will work in the office as per my previous responsibility with all administrative, technical, financial related drawing and disbursing powers." 3.
Our attention is invited to the order dated 22/10/2024 in Writ Petition No.14517 of 2024. In the light of the undertaking filed and in view of the interim order dated 22/10/2024 in a connected Writ Petition No.14517 of 2024, for the same reasons as recorded in several other orders passed by this Court, the Petitioner be continued until further orders or until 62 years, whichever is earlier. Needless to state that if the Court delivers any verdict in favour of the Petitioner, the Petitioner's right for service benefits would be considered.
4.
Hence, issue notice to the Respondents.
5.
Ms. Rupali Shinde, learned AGP waives service of notice for Respondent No.1. Mr. Sameer K. Sawant, learned counsel waives service of notice for Respondent No.2. 6.
Affidavit-in-reply, if any, to be filed within a period of two weeks from today.
7.
Learned counsel for Respondent No.2 submitted that there are connected matters filed at the Nagpur and Aurangabad Bench of this Court which need to be clubbed together. If that is so, it is for the concerned to make an appropriate application for transfer/clubbing of the matters. 8.
For the present tag this Petition along with connected Writ Petition No.14517 of 2024.
9.
List the matter on 27/06/2025.
(N. R. BORKAR, J.) (M. S. KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 25/06/2025 19:36:42