P NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing of order dated 27.1.2001, Annexure A-1, passed by the respondent No. 2 whereby an amount of Rs. 77,118/-has beed directed to be recovered from him.

(2.) THE petitioner retired as a Peon from the Office of Directorate of Health Services, Bhopal. Admittedly he was allowed to perform his duties by the respondents in that office upto 7.1.1998. According to the respondent, the petitioner ought to have been retired on 30.11.1995 on the basis of his date of birth recorded in the service book as 14.11.1935. The petitioner had challenged the action of respondents retiring him from 7.1.1998 by filing a petition, Original Application No. 274/1998 before the State Administrative Tribunal, Bhopal Bench. In that petition he had claimed that his date of birth is 14.11.1938 and not 14.11.1935. The Tribunal decided the petition by order dated 13.5.1999 (Annexure A-7). In Paragraph 8 of the order (Annexure A-7), it held as under :

(3.) IT is, however, made clear that as the Tribunal has held that the petitioner's correct date of birth is 14.11.1935 and not 14.11.1938, his date of retirement shall be treated as 30.11.1995 for the purposes of calculating payment of post-retiral benefits and he shall be deemed to have retired on 30.11.1995. Subject to mentioned above, the impugned order (Annexure A-1), is quashed and the petition is allowed.