MOHD SULTAN Vs. STATE

JUDGEMENT

(1.) MOHD . Sultan, Petitioner herein, has filed this petition for the grant of a writ of certiorari for quashing Govt order No. 915 -Edu of 1981 dated May 30, 1981, whereby he has been retired from the post of Principal, Govt. Degree College, Baramulla, and further for directing the respondents to treat him in service and pay him his emoluments upto the date of his superannuation.

(2.) IT is contended by the petitioner that he was appointed as a lecturer in English in the Education Department of the State on March 10, 1955 and was posted in Govt. College, Anantnag. At the time of his entry into Govt. Service, he produced the relevant documents of his date of birth i.e. matriculation certificate issued by the Punjab University, Lahore, where from he had passed his matriculation examination and the date of birth recorded in that certificate was "May 20, 1929". However, in Civil List of 1960, his date of birth was reportedly shown by the respondents in their records as March 19, 1929. He submitted the record which remained in possession of the respondents.

(3.) IT is further contended by petitioner that according to the service rules, age of superannuation is 55 years and he was to retire after completing 55 years of age in May 1984. He, on Sept.17,1980 was asked by the Dy. Education Commissioner to furnish his original matriculation certificate. In reply to which he conveyed to respondent No. 2 that he had submitted his original matriculation certificate to the Principal of the College and again on his transfer to S. P. College Srinagar, he submitted his matriculation certificate at Srinagar which was not returned to him despite his best efforts. On February 3,1981, the Deputy Education Commissioner, informed him that at their request Punjab University, Solan, has informed that his (Petitioners) date of birth was May 20, 1923. This information was based on some record of S. P College, Srinagar and he was asked to give his comments in that behalf. He submitted a detailed application to, respondent No. 2. on February 17, 1981, requesting that he would obtain a duplicate certificate from the Punjab University, Lahore, where, from he had passed the matriculation examination, after refuting the assertion of respondent No. 2 in regard to his date of birth being May 20, 1923. The respondents then without any enquiry hurriedly passed Govt. order No 915 -Education of 1981 dated May 30, 1981, retiring him from service which order was passed without any enquiry or hearing him in that regard. Some record which had no authenticity and was relevant only for provisional admission in the college, was relied upon at his back. The service rules which governed him, were contravened and violated in as much as he was retired before the age of superannuation thereby removing him from service in violation of his fundamental rights as also the principles of natural justice. His retirements has come as a measure of punishment which has been inflicted without hearing him and it is also violative of Section 126 of the Constitution of Jammu & Kashmir read with Article 311 of the Constitution of India.