STATE OF GUJARAT Vs. VALI MOHMED DOSABHAI SINDHI

JUDGEMENT

(1.) Leave granted.

(2.) State of Gujarat and Inspector General of Police, Ahmedabad, and District Superintendent of Police, Mehsana, call in question legality of the judgment rendered by a Division Bench of the Gujarat High Court dismissing the Letters Patent Appeal filed by the appellant. By the impugned judgment, order of learned Single Judge allowing the Writ Petition filed by the respondent was upheld.

(3.) The factual controversy lies within a very narrow compass. The respondent was appointed as an unarmed Police Constable on 3.10.1947. At the time of appointment his year of birth was mentioned as 1923. On this basis he was to retire with effect from 1.11.1981 on reaching the age of 58 years. Accordingly, order dated 16.2.1981 was passed by the concerned Authority. It was indicated to the respondent that he will be retiring with effect from 1.11.1981. On receiving the order, he submitted an application for making a change of his date of birth in the service record. According to him, he was born in the year 1928 and not in 1923. Since the prayer was not accepted, he filed a writ petition. Though prayer for interim relief i.e. to stay operation of the order dated 16.2.1981 was made, no interim direction was given and he retired from service reaching the age of superannuation with effect from 1.11.1981. The writ petition was allowed by order dated 30.4.1993 and it was held that he was to retire in the year 1986 with effect from 1.11.1986. Accordingly, direction was given to the respondents in the writ petition to pay the arrears for the period from 1.11.1981 to 1.11.1986.