Case Note & Summary
The petitioner, Shiodas s/o Bhimrao Pise, was employed as a Peon with the Maharashtra State Secondary and Higher Secondary Education Board. He was informed by communications dated 9.3.2017 and 15.3.2017 that he would be relieved from service on attaining the age of superannuation of 58 years, effective 31.3.2017. The petitioner challenged these communications, relying on Clause (2) of the Government Resolution dated 15.11.1985, which provides that employees in service on or before that date are entitled to continue up to the age of 60 years. The petitioner claimed he was in service prior to 15.11.1985 and thus entitled to the benefit. The respondent Board contended that under Rule 20(3)(a) of the Maharashtra Secondary and Higher Secondary Board Regulations, 1977, only employees confirmed in a permanent post may continue till 60 years, and since the petitioner was confirmed on 4.12.1986, he was not covered by the Government Resolution. The court analyzed the Government Resolution and the Regulations, noting that the petitioner was in service prior to 15.11.1985 and that the confirmation letter dated 4.12.1986 did not alter his entitlement. The court held that the petitioner was entitled to continue in service up to the age of 60 years, and quashed the impugned communications. The petition was allowed, with the respondents directed to permit the petitioner to continue in service till 60 years and pay consequential benefits.
Headnote
A) Service Law - Retirement Age - Government Resolution dated 15.11.1985 - Clause (2) - Employees in service on or before 15.11.1985 are entitled to continue up to 60 years - The petitioner, a Peon, was in service prior to 15.11.1985 and thus entitled to retirement at 60 years, not 58 years - Held that the communications retiring him at 58 years are quashed (Paras 2-5). B) Service Law - Confirmation - Effect on Retirement Age - Regulation 20(3)(a) of the Maharashtra Secondary and Higher Secondary Board Regulations, 1977 - Confirmation on 4.12.1986 does not disentitle the petitioner from the benefit of the Government Resolution - The Board's stand that confirmation after 15.11.1985 excludes the benefit is rejected - Held that the petitioner is entitled to continue till 60 years (Paras 3-5).
Issue of Consideration
Whether the petitioner, who was in service prior to 15.11.1985, is entitled to continue in service up to the age of 60 years under Clause (2) of the Government Resolution dated 15.11.1985, despite his confirmation on 4.12.1986.
Final Decision
The petition is allowed. The impugned communications dated 9.3.2017 and 15.3.2017 are quashed and set aside. The respondents are directed to permit the petitioner to continue in service till he attains the age of 60 years and to pay all consequential benefits.
Law Points
- Government Resolution dated 15.11.1985
- Clause (2) applies to employees in service on or before that date
- entitling them to retirement at 60 years
- Regulation 20(3)(a) of the Maharashtra Secondary and Higher Secondary Board Regulations
- 1977 provides for retirement at 60 years for confirmed employees
- Confirmation letter dated 4.12.1986 does not alter the entitlement under the Government Resolution.
