R S KALOLIMATH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner, who was in the service of the State Government of Mysore, prays for the issue of an appropriate writ directing the respondent-State Government to calculate and pay to him all the pay and allowances due to him on the basis that he was in the service of the Government from 1-4-1959 to 13-3-1967 and also directing the Government to determine and pay his pension for the subsequent period.

(2.) The petitioner is an engineering graduate and joined the service of the Government of the erstwhile State of Mysore as a Senior Operator on 23rd November, 1945. Early in 1959 he was working as Executive Engineer (Electrical) at the Kolar Gold Fields.

(3.) According to the entry made in his Service Register, the date of his birth is 13th March 1912 In 1959 the State Government appears to have redetermined the date of his birth as 28th January 1904. By an order dated 1st April 1959, the petitioner was directed by the Government to retire from service, the period from 28-1-1959 to the date of the order being treated as extension of service beyond superannuation. The petitioner thereupon filed WP. 524 of 1959 before this Court challenging the said order. He, however, withdrew the same with a view to take advantage of a certain Government order of 1958, the terms of which he thought might be of some advantage to him. As he could not get the benefit of the said order as anticipated by him, he filed before the District Judge of Bangalore on 28th March 1962 OS. No.18 of 1962 against the Government for a declaration that he was still in service entitled to all the benefits flowing therefrom, for a decree setting aside the Government's order directing his retirement as invalid and for a mandatory injunction directing the Government to accept the date of his birth as entered in the Service Register as the correct date and to work out the date of superannuation and incidental relief on that basis.