: 1 : cwp-1759-04=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1759 OF 2004 WITH CIVIL APPLICATION NO.1011 OF 2011 WITH CIVIL APPLICATION NO.1012 OF 2011 WITH CIVIL APPLICATION NO. 1013 OF 2011 S.G. Kanitkar & Ors. .. Petitioners / Applicants v/s. The State of Maharashtra & Ors. .. Respondents ......... MR. S.G. Deshmukh for the applicants / petitioners Mr. C.R. Sonawane, AGP for respondent nos. 1 and 2. Mr. A.M. Kulkarni for respondent no.6 Mr. G.R. Thakare i/c Jt. Director, Technical Education, Mumbai present ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, J.J. DATE : 7th JUNE 2011. P.C. : 1. This Writ Petition has been filed under Article 226 of the Constitution of India to challenge the validity of the Government Resolution dated 27th February 2003, whereby the age of retirement of the employees came to be reduced from 60 years to 58 years. The said Government Resolution was subject matter of challenge amongst other : 2 : cwp-1759-04=.doc in Writ Petition No. 6030 of 2008 in the case of Dilip Krishnaji Kulkarni Vs. State of Maharashtra and Ors. It is not in dispute that the said judgment has attained finally. Learned AGP in all fairness states on instructions that so far the said decision has not been challenged by the State Government in Appeal before the Supreme Court. The dictum in this decision is to declare that the employees, who were in service at the relevant point of time and governed by Section 4(1) of the Act, it was not open to reduce the age of superannuation of the said employees. 2. For the same reason, we have no hesitation in allowing the present Writ Petition in terms of prayer clauses (b) and (c), which reads thus:- “(b) To quash and set aside the provisions of the G.R. Dated 27.02.2003 inasmuch as the same affect the age of retirement of the employees reducing the same from 60 to 58 and inasmuch as the same denies the right of the employees to receive the arrears of difference in revised pay-scales with effect from 01.01.1996. (c) To grant, during the pendency of this petition, stay of the operation and execution of the Government Resolution dated 27.02.2003 inasmuch as the same affect the age of retirement of the employees reducing the same from 60 to 58 : 3 : cwp-1759-04=.doc inasmuch as the same denies the right of the employees to receive the arrears of difference in revised pay-scales with effect from 01.01.1996. 3. Accordingly, Writ Petition is made absolute on the above terms with costs. 4. As a result of this decision, nothing survives for consideration in the accompanied Civil Applications, except to observe that the office order issued against Petitioner no.12 will have to be treated as non- existent in the eyes of law, in terms of this decision. 5. Needless to observe that the petitioners who have already retired during the pendency of this Petition, would be entitled for the same benefit including retirement benefits, as in the case of similarly placed person. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)