SECRETARY TO THE GOVERNMENT HARIJAN AND TRIBAL WELFARE DEPARTMENT BHUBANESWAR ORISSA Vs. NITYANANDA PATI

JUDGEMENT

(1.) The respondent was appointed as Junior Welfare Extension Officer in the Year 1967. He was compulsorily retired under Rule 71 of the Orissa Service Code by order dated 25-4-1984, which he challenged by filing a writ petition before the High Court. The case was later transferred to the Orissa Administrative Tribunal and was allowed by the impugned judgment. The State of Orissa has challenged the same in the present case.

(2.) Heard the learned counsel for the parties. Special leave is granted.

(3.) According to the case of the appellants the respondent was born on 4-3-1931. The respondent alleged that the correct date of his birth was 4th March, 1934 and that the assumption made by the appellants was erroneous. He raised several arguments in support of his case. The Tribunal went into the question deeply and rejected the case of the respondent. We have examined the impugned judgment and are satisfied with the conclusion of the Tribunal on this point.