1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITIONS NO.380 & 521/2006 WRIT PETITIONS NO.380/2006 (1) Shri Chandrakant Vasu Tandel, Laboratory Assistant, Goa College of Farmagudi, Ponda, Goa. (2) Shri Shashikant Kashinath Naik, Laboratory Assistant, Goa College of Farmagudi, Ponda, Goa. (3) Shri Shaikh Kasim, Laboratory Assistant, Goa College of Farmagudi, Ponda, Goa. .......... Petitioners. Versus. (1) Principal, Goa College of Farmagudi, Ponda, Goa. (2) State of Goa, through its Chief Secretary, having Office at Secretariat, Porvorim, Bardez, Goa. .......... Respondents. WRIT PETITIONS NO.521/2006 Shri Mahabaleshwar Ganba Sawant, residing near Rani Constructions, Khadpaband, Ponda, Goa. .......... Petitioner. Versus. (1) The Principal, 2 Goa College of Farmagudi, Ponda, Goa. (2) State of Goa, through its Chief Secretary, having Office at Secretariat, Porvorim, Bardez, Goa. .......... Respondents. Mr. M. S. Sonak, Advocate for the petitioners. Mr. M. D. Salkar, Addl. Govt. Advocate for the respondents in W.P. No.380/2006. Mr. S. R. Rivonkar, Government Advocate for the respondents in W.P.No.521/2006. CORAM : A.P. DESHPANDE & N.A. BRITTO, JJ. Date : 28th November, 2008. ORAL JUDGMENT : (A.P. DESHPANDE, J.) Heard. By the present petition, the petitioners have claimed a writ of mandamus, commanding the respondents not to superannuate the petitioners on completion of 58 years of age and claimed their continuance in service till completion of 60 years' of age. The question raised in these petitions is no longer res integra, and the same is concluded by a judgment of the Division Bench of this Court, in the case of Shri Thomas A. Fernandes vs. The Director, 3 Directorate of Education and anr., passed in Writ Petition No. 424/2006. The learned Counsel for the petitioners informs that the Special Leave Petition directed against the said Judgment has been dismissed. The learned Counsel appearing for the respondents does not dispute that the question raised in the present petition is covered by the Judgment in the case of Shri Thomas A. Fernandes (supra). 2. In so far as Writ Petition No. 521/2006 is concerned, it is to be noted that the petitioner was made to superannuate on completion of 58 years of age, with effect from 1.6.2006. The petitioner challenged the legality of the action on the part of the respondents by filing the present petition. By an interim order, the respondents were directed to continue the petitioner in service till he attains age of 60 years. Pursuant to the said interim order, we are informed that the petitioner joined the service on 1.12.2006. Hence, we direct the respondents in Writ Petition No.521/06 to extend all benefits to the petitioner, including continuity of service, and payments of back wages for the period commencing from 1/6/2006 to 30/11/2006. 3. In this view of the matter, writ petitions are allowed. Rule 4 made absolute in terms of prayer clauses (a). No order as to costs. A.P. DESHPANDE, J. N.A. BRITTO, J. ssm.