R C PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition was originally filed by the petitioner R. C. Pathan challenging the order at Annexure "D" dated 11-11-1980 passed by the D.S.P.. Mehsana and praying that the respondents may be directed to treat the birth date of the petitioner as 1-8-1925 instead of 18-4- 1923 and to allow him to continue in service on that basis till 1-8-83 on attaining the age of superannuation, i.e., 58 years.

(2.) During the pendency and final disposal of the petition. Inspector General of Police passed a speaking order dated 28-4-1981 (at oage 25) and refused to correct the birth date of the petitioner and ordered that he is permitted to retire with effect from 30-4-1981. On 25-11-1981 this Court admitted the petition and granted the interim retief. Pursuant to that order, the petitioner continued in service and retired in August, 1983 on reaching the age of superannuation, i.e, 58 years. During the pendency of this petition, the petitioner died and, therefore, his heirs and legal representatives have come on record of this petition.

(3.) Mr. M. R. Anand, learned Counsel appearing for the petitioner, without going into the merits of the case, has relied upon the judgment of this Court in Bachu Laxman v. Union of India and Ors., [1984 (2)] 25(2) GLR 1336 and submitted that the original petitioner should now be considered as retired at the age of 58 years in August, 1983 and not in 1981 as directed by the I.G.P. in his order in view of the fact that he continued to remain in service as per the interim order of this Court, In Bachu Laxman's case (supra) this Court has observed as under :