MOHD SHABAN BHAT Vs. STATE

JUDGEMENT

(1.) THE Petitioner in this writ petition seeks quashing of the order of his retirement from the Government service on the ground that the said order was passed without any proper inquiry as to his date of birth.

(2.) IT appears that initially the petitioner was employed as a work charge in the Irrigation Department. Later on, his services were regularised on the post of an orderly. The service book was duly complied and his date of birth recorded therein as 7 -5 -1938. Lateron, it was contended that the date of birth of the petitioner was 7 -5 -1928 and not 7 -5 -1938. Consequently, vide letter Annexure "D" to the writ petition, the petitioner was referred to Chief Medical Officer, Anantnag, for verification of his actual age. Vide annexure "E" it was opined by the said Chief Medical Officer that as per clinical examination the age of the petitioner on the day of examination i.e. 7 -2 -1985 was forty six years, In the meanwhile, the following order which is impugned in this writ petition, came to be passed by the Executive Engineer, Irrigation Department, Anantnag, addressed to the Executive Engineer, Irrigation Department Kulgam which reads as follows:

(3.) THE writ petition come to be admitted on 7 -5 -1985. On 2 -9 -1985, the learned counsel for the respondents was directed to file the counter affidavit. He failed to do so till 28 -8 -1986, when he was given further four weeks in this behalf. Despite this opportunity, the counter was not filed till 8 -12 -1986 with the result that the case was ordered to be listed for hearing without filing of counter.