AHMEDABAD DISTRICT PANCHAYAT Vs. PANDYA FULSHANKER JATASHANKER

JUDGEMENT

(1.) This Civil Revision Application under Sec. 115 of the Code of Civil Procedure is directed against the judgment and order of the Joint District Judge, Ahmedabad (Rural) at Mirzapur dated 24/02/1994, whereby he allowed the Misc. Civil Appeal No. 36 of 1994 preferred by the respondent-plaintiff and set aside the judgment and order dated 20/01/1994, passed by the Court of Civil Judge (S.D.) thereby he restrained the Ahmedabad District Panchayat and Taluka Development Officer from retiring the respondent-plaintiff from service on 28/02/1994 till the decision of the suit. He also directed that the suit should be heard expeditiously within four months, but it is reported to this Court that till date the suit is not heard.

(2.) The petitioner-original defendants are aggrieved by the aforesaid judgment and order of the Joint District Judge and hence this Civil Revision Application is preferred.

(3.) It may be stated at the outset that the respondent-plaintiff joined in the services of the defendants as Talati-cum-Mantri in the year 1957. At the relevant time, he produced School Leaving Certificate, based on which in his service book, his birth date was entered as 4th of February, 1936. He was obviously, therefore, liable to retire in the month of February, 1994 when he would complete the age of 58 years. In the year 1989 he applied to the District Development Officer of Ahmedabad District Panchayat for change in his birth date, inter alia, stating that as per the entry made in the birth and death register, his birth date was 29/01/1938 and that therefore, his birth date was required to be changed. The District Development Officer after proper enquiry and taking into consideration the fact that no application was made for change of birth date within five years from the date of joining the services, by a speaking order rejected the said application. The respondent-plaintiff thereupon preferred Departmental Appeal to Additional Development Commissioner, who also rejected such appeal on 18/11/1992.