Case Note & Summary
The petitioner, Rambhau Shaymrao Bhusari, was appointed as a Laboratory Attendant at Dr. Punjabrao Deshmukh Krishi Vidyapeeth, Akola, in 1980. He was retired from service on 30 June 2011 upon attaining the age of 58 years. The petitioner challenged this decision, seeking to continue until the age of 60 years. The petition was filed in October 2011. The Division Bench of the Bombay High Court at Nagpur, while issuing notice, indicated that the matter could be disposed of at the admission stage. The petitioner's counsel argued that a previous Division Bench in Writ Petition Nos. 2954 and 2505 of 2011, reported as Samadhan Rajaram Umak vs. Dr. Punjabrao Deshmukh Krishi Vidyapeeth and another (2011 (5) All M.R. 267), had held that Laboratory Attendants, being Group D employees, are entitled to serve up to 60 years. The respondents' counsel conceded that the precedent applied to the petitioner's case but argued that the judgment was subsequent to the petitioner's superannuation and should not apply retrospectively. The court, however, noted that the petition was pending when the precedent was decided and that the petitioner was similarly situated. The court allowed the petition, setting aside the retirement at 58 years and directing that the petitioner be treated as having continued in service until the age of 60 years, with consequential benefits.
Headnote
A) Service Law - Retirement Age - Group D Employees - Agricultural University - The petitioner, a Laboratory Attendant, was retired at 58 years. The court held that following the precedent in Samadhan Rajaram Umak vs. Dr. Punjabrao Deshmukh Krishi Vidyapeeth, 2011 (5) All M.R. 267, Group D employees are entitled to serve up to 60 years. The judgment applies to the petitioner as the petition was pending when the precedent was decided. (Paras 2-4)
Issue of Consideration
Whether a Laboratory Attendant (Group D employee) of an Agricultural University is entitled to retire at 60 years instead of 58 years, and whether a subsequent judgment applies to a pending petition despite superannuation occurring before the judgment.
Final Decision
The petition is allowed. The impugned decision retiring the petitioner at 58 years is set aside. The petitioner shall be treated as having continued in service until the age of 60 years, with all consequential benefits.
Law Points
- Retirement age of Group D employees in Agricultural University is 60 years
- not 58
- precedent applies to pending cases even if superannuation occurred before judgment
