-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2219 OF 2008 In WRIT PETITION NO.2634 OF 2007 Shri Budruk Vilas Sadashiv : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ... Mr.D.W.Bhosale for the petitioner. Mr.R.M.Patne, Asstt. Govt. Pleader for resp. nos.1 & 2. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 24, 2009. P.C. 1. The petitioner has challenged the age of his retirement. According to the petitioner, the age is 60 years. However, according to the respondents, the age is 58 years. There is no dispute that the petitioner has already turned 58 yeas in July 2008 and the respondents are treating him as retired. According to the learned counsel for the petitioner, there is a service rule which enables him to function after the age of 58 on the ground that the retirement age is 60 years. However, the applicability of the rule is yet to be established. If the petitioner succeeds, he will naturally be entitled to -: 2 :- all the benefits if found that he has been prematurely retired. Hence, there is no need to pass any order. 2. Civil Application is dismissed. S.A. BOBDE, J.