K MADHAEVA SASTRY Vs. DIRECTOR POST GRADUATE CENTRE

JUDGEMENT

(1.) This writ petition has been referred to a Bench by Gangadhara Rao, J., on the ground that the questions raised by it arise frequently and, therefore, an authoritative decision thereon is desirable.

(2.) The petitioner is an employee in the Post-Graduate Centre, Anantapur, which has been declared to be an autonomous institution with effect from 1-5-1976, in accordance with Act No. 16, of 1976. The petitioner initially joined the Service of Sree Venkateswara University on 25-7-1960, as a Lecturer. On that occasion his date of birth was recorded as 1st June, 1919. He was transferred to the Post-Graduate Centre in April, 1976 at that time under the control of the University. He continued in the Centre even after it was declared an autonomous institution. The age of superannuation in this Centre is Sixty years. According to his date of birth recorded in the service-register, the petitioner was to retire on 31-5-1979. Sometime before that, he instituted a suit O. S. 604 of 1978, on the file of the Court of District Munsiff, Anantapur, for a declaration that his correct date of birth is 29th Dec. 1921. The respondent herein, i.e., the director, Post-Graduate Centre, Ananthapur, was made the sole defendant in the suit. The defendant was set ex parte and the suit was decreed on 27-11-78. On 10-5-79 it appears, the petitioner submitted an application to the respondent, drawing his attention to the decree of the civil Court, and contending that, according to it, he attains the age of Superannuation only on 29-12-1981. He enclosed a certified copy of the decree to his application. The petitioner says he received no reply to his application and that, when he personally met the Director, he was told that he was to retire on 31-5-1979. He then approached this Court by way of this writ petition, on 28-5-1979 and obtained an interim direction from this Court to continue him in service pending disposal of the writ petition.

(3.) On 11-6-1979 the respondent herein applied to the learned District Munsiff, Anantapur, for setting aside the ex parte decree. His application, I. A. 599/1979, we are told, is still pending. The petitioner contends that the respondent, a party to the decree, is bound by it and cannot, therefore retire him from service on any date earlier than 29-12-1981.