DALIP KRISHNAJI KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. With consent of the learned Counsel for the parties, the writ petition is being disposed of at this stage.

(2.) This writ petition raises a very short controversy which is considered in our order dated 7th October, 2008. Certain facts are undisputed and they are that the petitioner's services are governed by Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. He was sought to be retired on completion of 58 years on 31st March, 2009. He challenged the act of the respondent superannuating him on attaining age of 58 years, as according to the petitioner, he had a right to continue in service till he attains the age of 60 years. The respondents relied on a Government Resolution being Government Resolution dated 27th February, 2003. By this resolution, basically the effect was given to the recommendations of 5th Pay Commission and the resolution was termed as "Revision of Pay Scales of Teachers/Librarians in Government/NonGovernment Engineering/Technology/Architectural and Pharmacy Polytechnic". Clause-15 of the resolution provided as under :

(3.) It is not disputed that before this resolution which was issued on 27th February, 2003, the age of superannuation for petitioner and others similar to him, was 60 years and it is also admitted by the respondent that by the said resolution, the age of superannuation was reduced from 60 years to 58 years. The controversy is whether the State by a resolution could have reduced the age of superannuation from 60 years to 58 years. It is not res intergra as to whether an employer has a power to reduce the age of superannuation during service or not, but, the question in this case assumes some importance in view of the fact that the age of superannuation of 60 years was protected by an act of legislation as is submitted by the learned Counsel for the petitioner. The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 came into force on 20th March, 1978. Section 4 sub-section (1) of the Act lays down proviso as under: