B D NIKAM Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner prays for the quashing and setting of the order dated 27/3/1998 Annexure-F and the order dated 20/8/97 Annexure-D of the respondent No.1 & 2 respectively. Under these orders, the petitioner was held to be not eligible for the post of Medical Officer, Class-III (Ayurved) on the ground of age eligibility.

(3.) It is is not in dispute that in the school leaving certificate the birth date of the petitioner is 1/6/1944. He was appointed purely on ad-hoc basis as a Medical Officer, Class-III (Ayurved) under the order dated 8/3/1982 of the respondent No.1. This appointment was subject to his selection for the post by Gujarat Panchayat Seva Pasandagi Mandal. It is the case of the petitioner that his correct birth date is 1/6/1948. If this date is taken to be correct then he is not lacking age eligibility. The learned counsel for the petitioner admits that in case his date of birth is taken as 1/6/1944 he is lacking age eligibility. The earlier two special civil applications before this court being special civil application No.2309/85 and special civil application No.6533/97 were filed by the petitioner. Both these special civil applications were came to be decided by this court on 13/1/1998. The first special civil application was filed by the petitioner challenging therein the action of the respondent No.1 not to call him for selection for the post on the ground that he is age barred. This petition was admitted and interim relief against the termination of the service of the petitioner was granted and he continued in service till 20/8/1997. This petition was came to be dismissed for non-prosecution on 18/7/1997 and interim relief was also vacated. Subsequently, this petition was restored on the application of the petitioner. After vacation of interim relief services of the petitioner were terminated and that was challenged in special civil application No.6533/97. In that petition the interim relief has not been granted. This court during the course of the hearing of the special civil application No.2309/85 gave directions to the Gujarat Panchayat Services Selection Board to decide what is the correct date of birth of the petitioner and whether the petitioner is eligible for the post as per his date of birth accepted by the Board. The special civil application No.6533/97 was dismissed in view of the directions aforesaid in the petition No.2309/85. In pursuance to these directions, the Board has decided that 1/6/1944 is the correct date of birth of the petitioner.