VARSANGJI K THAKOR Vs. KADI NAGARPALIKA

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order, quashing and setting aside the order passed by the Collector, Mehsana dated 19th February, 1990, quashing and setting aside Resolution No. 38 of Kadi Nagarpalika dated 17th October, 1989, by which the date of birth of the petitioner came to be modified/changed from 20/11/1929 to 17/07/1932 and consequently, making necessary change in the service record of the petitioner.

(2.) IT is required to be noted that the impugned order passed by the Collector, Mehsana dated 19th February, 1990 was stayed by this Court by way of ad interim relief and thereby, the petitioner was continued in service considering his date of birth as 17/07/1932.

(3.) TODAY when the matter is called out, Ms. Niyati K. Shah, learned Advocate appearing on behalf of respondent No. 1 - Kadi Nagarpalika, submitted that the petitioner has already retired from the services on completion of 60 years, i. e. in the year 1992, and not only that, even the petitioner has also expired in the year 2001.