ALI MOHD Vs. STATE

JUDGEMENT

(1.) THE petitioner was working as a chowkidar in a Mission Hospital which was taken over by the Jammu and Kashmir Government in the year 1970, and named as Jawahir Lal Nehru Memorial Hospital. The staff members were retained by the State Government, but they were re -appointed. The petitioner was illiterate and over aged and the Government relaxed his age by 12 years 4 months and four days. The petitioner did not know as to when he had to retire from the service, and continued in service till 18 -7 -1986, when he was abruptly retired without any notice. By medium of this writ petition, he challenges the said order on various grounds as mentioned therein and prays for its quashment as also for a direction against the respondents not to recover any amount from him recieved by him as salary till 8 -7 -1986.

(2.) THE respondents were noticed. They filed their objections to admission of the writ petition. The case put forth by the respondents is that the date of birth of the petitioner was recorded as 24 -5 -1929 in his service book, which was acknowledged by him as correct, and is taken thereof, he has signed the same, He had to retire on 31 -5 -1984. In -advertantly, the competent authority did not issue any notice to him in this behalf, with the result that he continued in service for two years more. Consequently, on the examination of his service book, the mistake was detected and his retirement was ordered respectively on 18 -7 -1986.

(3.) WE have heard the learned counsel for the parties on the admission of this writ petition.