Writ Petition No. 2604 of 1988. Case: N.K. Satyadas Vs State of Maharashtra and Anr.. High Court of Bombay (India)
| Case Number | Writ Petition No. 2604 of 1988 |
| Counsel | For Appellant: S. Bodigahnawar, K.R. Dhanuka and R.D. Dhanuka, Advs. and For Respondents: S.M. Dixit, Adv. |
| Judges | S.M. Daud, J. |
| Issue | Maharashtra Civil Service (Pension) Rules, 1982 - Rules 4 and 10(5) |
| Citation | 1989 (1) BomCR 416, 1989 (58) FLR 610 |
| Judgement Date | September 01, 1988 |
| Court | High Court of Bombay (India) |
Judgment:
S.M. Daud, J.
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Petitioner and respondents by Counsel.
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Rule made immediately returnable and heard, Counsel for the respondents to waive service.
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Petitioner sought retirement as from 31-8-1988 A.N. on the basis of Rule 10(5)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982. Respondents dispute the eligibility of petitioner to seek the benefit of the aforesaid rule. The undisputed facts are that petitioner was born on 1-6-1937 and joined service on 15-11-1971. He gave a notice of retirement on 7-1-1988 indicating therein that he be permitted to retire as from 31-8-1988. It was his case that he had joined service before attaining the age of 35 years and had given notice after having attained the age of 50 years.
From the correspondence, the stand taken by the respondents appears to be that petitioner joined service in the 35th year of his life and therefore, could not seek retirement under the aforesaid rule. The said rule, to the extent relevant, reads as follows:-
(5) Notwithstanding anything contained in sub-rules (1) and (2) of this rule, any Government servant may, by giving notice of not less then three months in writing to the appropriate authority retire,
(a) in the case of a Government servant.-
(i) referred to in sub-rule 4(a)(i) after he has attained the age of fifty years.
Rule 4(a)(i) to the extent relevant reads thus:-
"4(a) any Gazetted Government servant under the rule making control of the State Government:
(i) if he had entered Government service under any Government in India, before attaining the age of thirty-five years, after he has attained the age of fifty years."
Mr. Dixit contends that the word "attaining" in Rule 4(a)(i)...
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