K S VYAS Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) Rule. Learned advocate Mr.H.S.Munshaw waives service of notice of rule on behalf of the respondent. Having regard to the facts of the case, the petition is taken up for final hearing today.

(2.) The petitioner, who was working with the respondent as a Senior Clerk, came to be compulsorily retired from service by order dated 29.6.2007. The development that resulted into passing of the order is that the petitioner tendered an application for voluntary retirement on 1.8.2006 with a request to make it effective from 31.10.2006. Pursuant to the application, the respondent-authority started processing the application, where, according to the respondent-authority it was detected that the petitioner had given incorrect date of birth at the time of entry in the service. In his service record, the date of birth of the petitioner was indicated to be 16.11.1949; whereas in the School Leaving Certificate, the date of birth of the petitioner was indicated to be 18.9.1946. Having noticed this discrepancy, the respondent-authority passed the impugned order making the petitioner to retire compulsorily.

(3.) Aggrieved by the said order and action of the respondent, the petitioner has approached this Court with this petition under Article 226 of the Constitution of India alleging that the action on the part of the respondent-authority is illegal, arbitrary and in violation of the principles of natural justice and the Gujarat Civil Service (Discipline and Appeal) Rules, 1971. The petitioner has made the following prayers:-