RAMHIT SAHU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Art. 226 of the Constitution to challenge the orders dated 22.04.2015 (Annexure P/15) and order dated 23.04.2015 (Annexure P/16). It is further prayed that respondents be directed to superannuate the petitioner by taking into account his date of birth as 20.01.1958.

(2.) Draped in brevity, the relevant facts are that this is second visit of the petitioner to this Court. The petitioner earlier filed W.P. No.14337/13 for correction of date of birth. This Court by order dated 5.5.2014 directed the respondents to get the petitioner examined by the Medical Board within two weeks. The Medical Board was directed to submit the report before the competent authority. In turn, the competent authority was directed to take suitable action with regard to alteration of date of birth based upon the recommendation of the Medical Board.

(3.) The bone of contention of Shri Anshuman Singh, learned counsel for the petitioner is that respondents were bound to implement the order dated 5.5.2014 in letter and spirit. They were required to take the decision based upon the recommendation of the Medical Board. By taking this court to the impugned order dated 22.04.2015, it is urged that the respondents have not taken the decision on the basis of Medical Board's report. On the contrary, the decision was taken on the basis of Rule 84 of the M.P. Financial Code Part -I. To elaborate, it is urged that in the peculiar facts and circumstances, the respondents were bound to act strictly in consonance with the interim direction of this court issued on 5.5.2014. The respondents have erred in rejecting the application on the basis of irrelevant and improper grounds.