GANGADHAR MANGUAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application has been filed by the Petitioner-Gangadhar Mangual with the following prayer:

(2.) Shorn of unnecessary details, the fact leading to the present challenge are that, the Petitioner entered into the government service as a 'helper' in the Transport Department on 17.12.1952. In course of his appointment, the Petitioner passed HSC examination in the month of March, 1975. At the time of his appointment his date of birth was indicated as 12.10.1929 in the service book. After the Petitioner passed the HSC examination, he submitted his certificate which is certified his date of birth as 12.10.1934 & based on which, the then R.T.O., Puri corrected his date of birth as per the HSC certificate. Thereafter the Petitioner was promoted to Class-II post of Orissa Transport & Engineering services & posted as Additional Regional Transport Officer (Enforcement), Balasore.

(3.) It appears that on 1.10.1990, the Petitioner submitted an application for voluntary retirement from service w.e.f. 1.1.1991 & instead of processing his application for voluntary retirement, by Order Dated 9.4.1991 under Annexure-7, the Petitioner was made to retire with retrospective effect i.e. from 11.10.1987 & on the self-same date, i.e. on 9.4.1991, charges were framed against the Petitioner under annexure 2.