YUMANMSARAT CHANDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) I have heard Mr. N. Kerani Singh, learned senior counsel for the petitioner as well as Mrs. Bidyamani Devi, learned Government Advocate appearing for the State respondents. I have also considered the records of the case.

(2.) The petitioner's case in brief is that after passing Class-VIII(eight) examination he left Churachand High School, Imphal on 30.4.56. According to school admission register, his date of birth is 5.11.1945. He entered Govt. service as a school teacher and worked as Head Pandit in the Bashikhong L.P. School. In the annual confidential report (Annexure-A/2) dated 31.12.69 his date of birth was recorded as 5.11.45. Also in the employees; salary certificate dated 20.10.88 (Annexure A/3) his date of retirement is recorded as on 1.1.2003 treating the date of birth as 5.11.45. Then all on a sudden without prior notice and information, the respondent No. 3, Director of Education issued the order (Annexure-A/ 4) dated 9.12.94. The following is the full text of this order :- <FRM>JUDGEMENT_175_GAULT2_2001Html1.htm</FRM>

(3.) Immediately the petitioner filed an application (Annexure-A/5) dated 29.12.94 to the respondent No.3, Director of Education challenging the order of retirement w.e.f. 31.12.94. In the meantime, he was illegally forced to retire on 31.12.94 afternoon. Unable to get any response to his earlier representation, the petitioner made the last request vide Annexure-A/7 dated 9.2.98 to the respondent No. 3 Director of Education for revocation of the retirement order. The respondent No. 3 by order dated 19.2.88 (Annexure-A/9) informed the petitioner that his request for revocation of the retirement order cold not be entertained. Being aggrieved, the petitioner has come to before this court in the instant writ petition with a prayer to quash and set aside the impugned order of retirement and to allow him to perform his duty as a teacher.