(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6747 OF 2010 Devidas s/o. Yeshwantrao Mothe, Age : 61 years, Occupation : Service, R/o. Yeshshree Building, Pashupatinath Nagar, Latur, Taluka and District : Latur. .. Petitioner. versus 1. The State of Maharashtra, Through Secretary, Cooperative Department, Mantralaya, Mumbai-32. 2. The Commissioner of Sugar and Additional Registrar, Cooperative Societies, "Sakhar Sankul", Shivajinagar, Pune-5. 3. Priyadarshani Shetkari Sahakari Sakhar Karkhana Ltd., Tondar, Taluka : Udgir, District : Latur, Through its Chairman. .. Respondents. ....................... (2) Mr. S.V. Warad, Advocate, for the petitioner. Mr. K.M. Suryawanshi, Assistant Government Pleader, for respondent nos.1 and 2. Mr. D.J. Chaudhary, Advocate, for respondent no.3. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance raised in the petition is that though the respondent no.3 / Sugar Factory was willing to continue the petitioner as its Managing Director, the respondent no.2, vide communication dated 14th June 2010, has directed that the petitioner be removed from the office of the Managing Director of respondent no.3. Consequently, the order dated 3rd July 2010 has been issued by respondent no.3. 3. Mr. S.V. Warad, learned Counsel appearing for the petitioner, submits that after issuance of notice by this court, the (3) respondent no.1, vide Government Resolution dated 18th September 2010, has increased the age of retirement of the Managing Director, from 58 to 60, with a further rider, that the extension can be granted till 65 years of age. He further submits that the extension for the first year can be granted at the level of Commissioner of Sugar and subsequently, at the level of the State Government. 4. Since the order impugned has been passed prior to the issuance of the Government Resolution dated 18th September 2010, we find that the interest of justice would be subserved by directing the respondent no.2 to consider the case of the petitioner afresh in accordance with the Government Resolution dated 18th September 2010. 5. In the result, the petition is allowed. The impugned order dated 14th June 2010, passed by the respondent no.2 i.e. Commissioner of Sugar, Pune, is quashed and set aside. The matter is remitted back to the respondent no.2 with a direction to consider the matter afresh, in accordance with the Government Resolution dated 18th September 2010, after giving an opportunity of hearing to the petitioner and the respondent no.3. The respondent no.2 shall decide the matter, on its own merits, within a period of three months from today. (4) 6. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6747