BINUBALA H METHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned action of the respondent on 5.8.1995 and 25th March 1997 and for a declaration that the correct birth date of the petitioner is 6.4.1940 and not 19th March 1939. It is further prayed to direct the respondents to correct her birth date in service book/record of the petitioner as 6.4.1940 for all purposes. It is also prayed to direct the respondents not to relieve the petitioner from service till decision on benefit of term end is taken.

(2.) While issuing Notice and refusing to grant interim relief, the learned Single Judge of this Court passed a detailed order on 31st March 1997 which reads as under;

(3.) So far as the prayer of the petitioner to direct the respondents not to relieve the petitioner from her service till decision of the benefit of term end is taken and to continue her in service till 31st May 1997 is concerned, it is required to be noted that the petitioner retired on 31.3.1997 instead of 31.5.1997. Thus the dispute is only with regard to two months. Even otherwise, now considering the communication dated 25th March 1997, the prayer of the petitioner to retire her with effect from 31.5.1997 was rejected by the competent authority and therefore the prayer of the petitioner not to relieve the petitioner from service till the decision on benefit of term end is taken also has become academic and/or it has become infructuous as the decision is also taken by aforesaid communication. In view of the above, the petitioner is not entitled to any relief as prayed for.