1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 76 of 2011 Syed and anr v. The State of Maharashtra and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A. A. Naik, Adv for petitioners Mr N. Rode, AGP for respondents Coram: D. D. Sinha and A. P. Bhangale, JJ Dated : 18th January 2011 1. Heard learned counsel for the petitioners and learned Assistant Government Pleader for respondents. 2. This writ petition is directed against the communication dated 16th September 2009 issued by the Under Secretary, Department of School Education and Sports which is addressed to the Director of Education (Secondary and Higher Secondary). 3. Learned counsel for the petitioner has submitted that by the impugned communication, the Director of Education is informed that after superannuation of an employee if extension is granted by the management to such employee to serve in the Institution, in view of the decision of the High Court, such extension would be bad in law and, therefore, order granting 2 such extension needs to be recalled. Learned counsel for the petitioner has further submitted that details of the case in which this Court has rendered decision, have not been given in the impugned communication. He further submits that as far as decision rendered in PIL No. 112 of 2009 by this Court on 9th December 2009 is concerned, it has no bearing on the issue in question and, therefore, the impugned communication is bad in law and is liable to be quashed and set aside. 4. Considering the issue involved as well as the text of the impugned communication dated 16th September 2009, it would be appropriate for the petitioner to make representation against the said communication to respondent no. 1 within a period of two weeks. If such representation is made within the stipulated period, we direct respondent no.1 to decide the same in accordance with law and procedure applicable in this regard and after taking into consideration the purport of the decision rendered by the High Court within a period of six weeks from the date of filing of the representation by the petitioner. 5. xdWrit Petition stands disposed of accordingly. JUDGE JUDGE joshi