SANT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has prayed mainly the following reliefs:

(2.) THE pleaded case of the petitioner is that he was appointed as work charged Blacksmith Grade-II vide Office Order dated 13.05.1998. At that time on a false complaint the joining of the petitioner was delayed, on furnishing proper authentic proof of the age, the petitioner was allowed to join on 15.05.1998. A false complaint was again made at the instance of persons inimical to the petitioner on the basis of date of birth certificate of the brother of the petitioner. The respondents suddenly issued Office Orders dated 04.01.2005 and 06.01.2005 compulsory retiring the petitioner.

(3.) THE father of the petitioner had performed two marriages, from first wife Smt. Taro Devi, there was only one son namely Milkhi Ram, who has expired. After the death of first wife, the father of the petitioner performed marriage with Smt.Toti Devi and from that wedlock two sons and one daughter, namely Khajana Ram, Sant Ram and Smt. Laxmi Devi alias Baggi Devi were born. Khajana Ram and Laxmi Devi have expired. The only living son is Sant Ram petitioner. The complaint against the petitioner is based on the date of birth certificate of Milkhi Ram, step-brother of the petitioner. The compulsory retirement of the petitioner amounts to punishment, who has been retired without due process of law.