Case Note & Summary
The petitioner, Professor Khalil-Ur-Rahman Ansari, a retired lecturer from Dr. Panjabrao Deshmukh Polytechnic, Amravati, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to treat his age of superannuation as 60 years instead of 58 years and to grant consequential benefits. The petitioner was appointed on 9th September 1975 as a Lecturer in Mathematics at the Rural Institute, Amravati, later renamed as Dr. Panjabrao Deshmukh Polytechnic. His date of birth is 10th April 1948. His service was confirmed on 12th September 1997. It was undisputed that his service conditions were governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Regulation Act). During his service, he was granted the Selection Grade. The court, after hearing submissions from both sides and reviewing the record, found no merit in the petition. The court noted that the petitioner's service conditions were governed by the MEPS Regulation Act, which does not provide for a retirement age of 60 years. The petition was dismissed, and the rule was discharged. No order as to costs.
Headnote
A) Service Law - Superannuation Age - MEPS Regulation Act - The petitioner, a lecturer in a polytechnic, sought extension of retirement age from 58 to 60 years. The court held that the service conditions are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and no provision mandates a higher retirement age. The petition was dismissed. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to have his age of superannuation treated as 60 years instead of 58 years and to consequential benefits.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Superannuation age
- Service conditions
- MEPS Regulation Act
- Writ of Mandamus
- Article 226
Case Details
2026 LawText (BOM) (07) 183
WRIT PETITION NO.566/2018
Y. G. KHOBRAGADE, SUSHIL M. GHODESWAR
Mr. Raheel J.Mirza for petitioner; Mr. H.D.Dubey, AGP for respondent nos.1 to 3/State; Mr. K.P.Mahalle for respondent no.4
Professor Khalil-Ur-Rahman Ansari
State of Maharashtra through Principal Secretary, Department of Higher and Technical Education; Director of Technical Education; Joint Director of Technical Education; Shri Shivaji Education Society; Principal, Dr. Panjabrao Deshmukh Polytechnic
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Nature of Litigation
Writ petition under Article 226 seeking direction to treat superannuation age as 60 years instead of 58 years.
Remedy Sought
Petitioner sought a Writ of Mandamus directing respondents to treat his age of superannuation as 60 years and grant consequential benefits.
Filing Reason
Petitioner was retired at age 58 and claimed entitlement to retirement at 60 years.
Issues
Whether the petitioner is entitled to have his age of superannuation treated as 60 years instead of 58 years.
Submissions/Arguments
Petitioner argued for extension of retirement age to 60 years.
Respondents opposed, stating service conditions governed by MEPS Regulation Act.
Ratio Decidendi
The service conditions of the petitioner are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which does not provide for a retirement age of 60 years. Hence, the petitioner is not entitled to the relief sought.
Judgment Excerpts
It is not in dispute that the petitioner was appointed with the Rural Institute, Amravati on 9th September, 1975 as a Lecturer in Mathematics in diploma course of Civil and Rural Engineering.
It is not in dispute that, the service conditions of the petitioner are governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short 'MEPS Regulation Act').
Procedural History
The petitioner filed Writ Petition No.566/2018 before the Bombay High Court, Nagpur Bench. The court heard the matter and reserved judgment on 13/07/2026, pronouncing it on 20/07/2026.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
- Constitution of India: Article 226
