IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO. 4126 OF 200 PETITION NO. 4126 OF 200 PETITION NO. 4126 OF 2007 Parshuram Balu Vanjari.... Petitioner versus Sainik School, Satara & ors....... Respondent. Shri S.S.Pakale for the petitioner. CORAM; CORAM; CORAM; A.P. DESHPANDE, J. A.P. DESHPANDE, J. A.P. DESHPANDE, J. DATED; DATED; DATED; 11TH JUNE, 2007 11TH JUNE, 2007 11TH JUNE, 2007 P.C.; P.C.; P.C.; 1. The present petitioner was appointed as watchman. The relevant rule regulating the service conditions of the petitioner reads thus: "The "The "The retirement age for the academic staff retirement age for the academic staff retirement age for the academic staff would would would be 60 years and that of the be 60 years and that of the be 60 years and that of the administrative administrative administrative staff and general employee 60 staff and general employee 60 staff and general employee 60 years. years. years. However, the administrative staff and However, the administrative staff and However, the administrative staff and general general general employees can continue to be in employees can continue to be in employees can continue to be in service service service beyond 55 years would be subject to beyond 55 years would be subject to beyond 55 years would be subject to the the the following following following conditions: conditions: conditions: i)i)i) The Principal satisfies himself The Principal satisfies himself The Principal satisfies himself every every every year regarding the efficient year regarding the efficient year regarding the efficient performance performance performance of services by the staff; of services by the staff; of services by the staff; and and and ii)The ii)The ii)The medical medical medical fitness as certified by fitness as certified by fitness as certified by the the the School Medical Officer. School Medical Officer. School Medical Officer. After attaining the age of 55 years the case of the petitioner was reviewed and he was granted an extension by making the following observations: "Interviewed "Interviewed "Interviewed individual, he has a poor individual, he has a poor individual, he has a poor disciplinary disciplinary disciplinary service record. He has absented service record. He has absented service record. He has absented himself himself himself without leave on almost 10 occasions without leave on almost 10 occasions without leave on almost 10 occasions inin in the past. However, he has promised of good the past. However, he has promised of good the past. However, he has promised of good conduct conduct conduct in future. Hence, he may be granted in future. Hence, he may be granted in future. Hence, he may be granted extension." extension." extension." 2. After the grant of such extension the petitioner had availed of all the leave at his credit and in addition had to be sanctioned extra-ordinary leave without pay on account of his absence. Th respondent took up the case for review in the next year and took a decision not to grant extension to the ptitioner. 3. Aaggreived by the said decision, the petitioner filed a complaint before the Industrial Court and rejection of the said complaint has given raise to the filing of th present writ petition. The petitioner by now has already completed 59 years of age. The Industrial court has on merit held that the respondent had not indulged in any unfair labour practice and hence rejected the complaint. 4. Perused the order. The same does not call for any interference. Hence writ petition is summarily rejected. ...