NIHAL SINGH Vs. DIRECTORE OF EDUCATION

JUDGEMENT

(1.) This is a case of principal of D. A. V. Higher Secondary School at Badli. His date of birth is 2-9-1919. Normally he would have retired at the age of 60 years. In that case the date of his retirement should have been 30-9-1979. But respondent 1, Director of Education, says that he retired on 30-4-1977. This has given rise to a dispute. There are antagonistic claims on both sides. The question is: On what date did the principal retire from the service of the school

(2.) These are the facts. The petitioner, Shri Nihal Singh, the principal of the school, has brought this petition under Art. 226 Of the Constitution. On 3-1-1977 he wrote to the Director of Education that due to unavoidable circumstances and the state of affairs at home he found it impossible to carry out his duties properly. He, therefore, offered to retire voluntarily before 30-4-1977. He had performed some war service during the Second World War. About five years he had spent in military service. So he requested the Director of Education that this military service of five years, ten months, twenty nine days may be taken into account in determining his pension and necessary orders for his voluntary retirement may be passed.

(3.) On 8-3-1977 the education officer. Mr. R. E. Thakur, informed the Manager of the School that