STATE OF GUJARAT Vs. VALI MOHMED DOSABHAI SINDHI
LAWS(SC)-2006-7-24
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on July 19,2006

STATE OF GUJARAT Appellant
VERSUS
VALI MOHMED DOSABHAI SINDHI Respondents





Cited Judgements :-

STATE OF U.P. THROUGH SECRETARY MEDICAL HEALTH & 3 ORS. VS. SMT. NOORJAHAN & ANR. [LAWS(ALL)-2017-4-2] [REFERRED TO]
STATE OF U.P. VS. EMMNUEL SINGH AND ANOTHER [LAWS(ALL)-2017-5-482] [REFERRED TO]
HEAD MASTER GURUKUL VIDYA VIHAR VS. CHATURBHAI I PATEL [LAWS(GJH)-2010-3-67] [REFERRED TO]
MAGANBHAI SHAMJIBHAI SOLANKI (ROHIT) VS. GUJARAT WATER RESOURCES DEVELOPMENT CORPORATION LTD [LAWS(GJH)-2007-2-90] [REFERRED TO]
JAGDISHBHAI DHARAMSHIBHAI DESAI VS. GUJARAT STATE ROAD TRANSPORT CORPORATION [LAWS(GJH)-2007-10-40] [REFERRED TO]
RAMANAND TIWARY VS. INDIAN IRON AND STEEL COMPANY LTD [LAWS(JHAR)-2007-4-49] [REFERRED TO]
STATE OF H.P. VS. KHIRAD RAM [LAWS(HPH)-2007-8-80] [REFERRED TO]
MEHAR SINGH VS. H.P. ROAD TRANSPORT CORPORATION [LAWS(HPH)-2012-10-32] [REFERRED TO]
T.V. ACHUMMA VS. THE STATE OF KERALA AND ORS. [LAWS(KER)-2015-7-86] [REFERRED TO]
STATE OF HARYANA VS. SATISH KUMAR MITTAL [LAWS(SC)-2010-9-67] [REFERRED TO]
UNION OF INDIA VS. D R DHINGRA [LAWS(DLH)-2011-2-272] [REFERRED TO]
PRATI SHAILESH PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-40] [REFERRED TO]
MILAN KRISHNA ROY VS. ALLAHABAD BANK [LAWS(CAL)-2008-8-40] [REFERRED TO]
NARINDER KUMAR VS. UNION OF INDIA [LAWS(HPH)-2006-11-36] [REFERRED TO]
DHARAMDEO YADAV AND ORS VS. STATE OF BIHAR [LAWS(PAT)-2010-9-252] [REFERRED]
K MUTHUCHELLAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-7-497] [REFERRED TO]
SURENDRA SINGH VS. STATE OF M P [LAWS(MPH)-2006-11-43] [REFERRED TO]
SMT. RAMVATI VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2017-2-28] [REFERRED TO]
KANTI DEVI RAWAT VS. STATE BANK OF INDIA [LAWS(UTN)-2022-7-98] [REFERRED TO]
SHAMBU NATH VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS. [LAWS(P&H)-2015-9-308] [REFERRED TO]
LAJJARAM DHOUBI VS. STATE OF M.P. [LAWS(MPH)-2017-2-164] [REFERRED TO]
S.K. SUSEELA VS. THE DIRECTOR OF COLLEGIATE EDUCATION [LAWS(MAD)-2014-10-44] [REFERRED TO]
STATE OF TAMIL NADU VS. AS S RADHAKRISHNAN [LAWS(MAD)-2019-7-427] [REFERRED TO]
PAREMESWAR JENA VS. STATE OF ODISHA [LAWS(ORI)-2019-2-57] [REFERRED TO]
A RAJAGOPALAN VS. REGISTRAR UNIVERSITY OF MADRAS [LAWS(MAD)-2008-6-420] [REFERRED TO]
BAZPUR CO VS. CHHATRA PAL [LAWS(UTN)-2015-5-132] [REFERRED TO]
MOHAN SINGH VS. U P RAJYA VIDYUT UTPADAN [LAWS(ALL)-2012-1-264] [REFERRED TO]
RANJANA LAU SALAKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-6-101] [REFERRED TO]
KALA SINGH VS. STATE OF H.P. [LAWS(HPH)-2020-6-9] [REFERRED TO]
GIRDHARLAL PARBHAT MAKWANA VS. DIRECTOR GENERAL OF POLICE [LAWS(GJH)-2013-3-270] [REFERRED TO]
UNION OF INDIA (UOI) VS. PRABHULAL MAVJIBHAI PARMAR [LAWS(GJH)-2011-3-281] [REFERRED TO]
BHARAT COKING COAL LTD VS. CHHOTA BIRSA URANW [LAWS(SC)-2014-3-94] [REFERRED TO]
BHARAT COKING COAL LTD. AND OTHERS VS. CHHOTA BIRSA URANW [LAWS(SC)-2014-4-176] [REFERRED TO]
RAMHIT SAHU VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2016-2-86] [REFERRED TO]
BANSH BAHORE VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2016-12-32] [REFERRED TO]
K.R.RADHA VS. STATE OF KERALA [LAWS(KER)-2016-7-109] [REFERRED TO]
M RAJASEKAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-2-67] [REFERRED TO]
CHHOTE BATHAM VS. STATE OF M P & ORS [LAWS(MPH)-2018-12-4] [REFERRED TO]
YASHWANT G TAMBE VS. UNION OF INDIA [LAWS(BOM)-2010-3-130] [REFERRED TO]
NARAYAN RAM VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2016-3-74] [REFERRED TO]
TRIVENI PRASAD VS. STATE OF U P [LAWS(ALL)-2012-1-200] [REFERRED TO]
JAG PAL SINGH VS. MANAGING DIRECTOR KESCO KANPUR [LAWS(ALL)-2014-8-252] [REFERRED TO]
SUNDILLA LINGAIAH VS. THE SINGARENI COLLIERIES COMPANY LTD. AND ORS. [LAWS(APH)-2016-3-30] [REFERRED TO]
DNYANESHWAR SITARAM WAGH VS. MANAGING DIRECTOR SHREE SOMESHWAR SAHAKARI SAKHAR KARKHANA LTD [LAWS(BOM)-2007-12-93] [REFERRED TO]
KAKASAHEB SHIDU MHASKE VS. MUNICIPAL CORPORATION OF GRATER MUMBAI [LAWS(BOM)-2007-4-209] [REFERRED TO]
DHIRENDRA KUMAR MISHRA VS. MAHANADI COALFIELDS LIMITED AND ANOTHER [LAWS(ORI)-2017-5-116] [REFERRED TO]
BISWANATH SINGH VS. STATE OF MEGHALAYA [LAWS(MEGH)-2019-7-5] [REFERRED TO]
N SAROJA VS. SECRETARY STATE OF TAMIL NADU EDUCATIONAL DEPARTMENT [LAWS(MAD)-2008-9-404] [REFERRED TO]
MAHENDRA PRATAP SINGH VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2016-12-23] [REFERRED TO]
STATE OF MIZORAM VS. LALHNAIHA [LAWS(GAU)-2010-7-4] [REFERRED TO]
HARI RAM GUPTA VS. STATE OF U P [LAWS(ALL)-2011-5-43] [REFERRED TO]
MADAN LAL ARORA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-9-427] [REFERRED TO]
GOVT. OF A.P. VS. MD. BURHANUDDIN [LAWS(APH)-2014-1-36] [REFERRED TO]
VADDADI RAVANAMMA VS. STATE OF A.P. [LAWS(APH)-2021-7-13] [REFERRED TO]
JHALARAM KANNAOJE VS. STATE OF C G [LAWS(CHH)-2007-7-14] [REFERRED TO]
S K THANGAM VS. DISTRICT TREASURY OFFICER, DISTRICT TREASURY OFFICE; COMMISSIONER, TREASURIES, ACCOUNTS DEPARTMENT; SUB PAY, ACCOUNT OFFICER, SUB PAY, ACCOUNT OFFICE, MADURAI BENCH OF MADRAS HIGH COURT [LAWS(MAD)-2009-9-492] [REFERRED]
CHAIN SINGH VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-225] [REFERRED TO]
DHAN SINGH VS. SOUTH EASTERN COALFIELDS LIMITED [LAWS(MPH)-2016-9-167] [REFERRED]
A.SANTHANAM VS. CHAIRMAN TAMIL NADU DISTRIBUTION GENERATION CORPORATION LIMITED [LAWS(MAD)-2019-1-690] [REFERRED TO]
M. MANICKAM VS. SECRETARY AND COMMISSIONER, HOME DEPARTMENT GOVERNMENT OF TAMIL NADU, CHENNAI [LAWS(MAD)-2007-3-453] [REFERRED TO]
IKRAMUL HUSSAIN VS. STATE OF ASSAM [LAWS(GAU)-2009-7-20] [REFERRED TO]
JIVANBHAI Z GHANGHAR VS. DIRECTOR GENERAL - SPOTS AUTHORITY OF GUJARAT AND ORS [LAWS(GJH)-2013-9-153] [REFERRED TO]
GANGA DEVI VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2010-5-73] [REFERRED TO]
DUMNU RAM VS. H.P.M.C. [LAWS(HPH)-2007-6-70] [REFERRED TO]
GOVERNMENT OF TAMIL NADU VS. S K SUBBIAH [LAWS(MAD)-2008-9-180] [REFERRED TO]
C ELANGOVAN VS. DIRECTOR OF SCHOOL EDUCATION [LAWS(MAD)-2008-7-304] [REFERRED TO]
B.S. MAHESHA VS. SECRETARY, KARNATAKA SECONDARY EDUCATION EXAMINATION BOARDS, BENGALURU [LAWS(KAR)-2016-7-33] [REFERRED TO]
HIRAMANI KORI VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2017-2-34] [REFERRED TO]
P. MANIKYA RAO VS. A.P. STATE ROAD TRANSPORT CORPORATION AND ORS. [LAWS(APH)-2015-7-40] [REFERRED TO]
MANAGING DIRECTOR U. P. STATE BRIDGE CORPORATION LTD VS. GANGA PRASAD [LAWS(ALL)-2021-9-215] [REFERRED TO]
J C S RAWAT VS. STATE OF UTTARAKHAND [LAWS(ALL)-2007-12-39] [REFERRED TO]
AGARBATI BAI (SMT.) VS. JOINT DIRECTOR MEDICAL AND HEALTH SERVICES [LAWS(CHH)-2008-4-31] [REFERRED TO]
MIRZA SHARIF BEG VS. STATE OF M P [LAWS(MPH)-2009-1-101] [REFERRED TO]
SATYEN TALUKDAR VS. STATE OF ASSAM [LAWS(GAU)-2014-7-22] [REFERRED TO]
JAGIR SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-10-96] [REFERRED TO]
SHIVDAN LAKHA VS. MINISTRY OF WATER RESOURCES [LAWS(MPH)-2017-1-88] [REFERRED TO]
KARTAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2021-9-44] [REFERRED TO]
HARNATH SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-2-177] [REFERRED TO]
OM PARKASH SON OF RAM NARAIN VS. PUNJAB MANDI BOARD AND OTHERS [LAWS(P&H)-2012-2-525] [REFERRED]
TILAK RAJ SON OF SHRI KESAR DASS VS. STATE OF PUNJAB THROUGH SECRETARY AND ORS. [LAWS(P&H)-2011-7-192] [REFERRED TO]
JAGGI RAM VS. STATE OF UTTARAKHAND AND ORS. [LAWS(UTN)-2007-12-39] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)State of Gujarat and Inspector General of Police, Ahmedabad, and District Superintendent of Police, Mehsana, call in question legality of the judgment rendered by a Division Bench of the Gujarat High Court dismissing the Letters Patent Appeal filed by the appellant. By the impugned judgment, order of learned Single Judge allowing the Writ Petition filed by the respondent was upheld.
(3.)The factual controversy lies within a very narrow compass. The respondent was appointed as an unarmed Police Constable on 3.10.1947. At the time of appointment his year of birth was mentioned as 1923. On this basis he was to retire with effect from 1.11.1981 on reaching the age of 58 years. Accordingly, order dated 16.2.1981 was passed by the concerned Authority. It was indicated to the respondent that he will be retiring with effect from 1.11.1981. On receiving the order, he submitted an application for making a change of his date of birth in the service record. According to him, he was born in the year 1928 and not in 1923. Since the prayer was not accepted, he filed a writ petition. Though prayer for interim relief i.e. to stay operation of the order dated 16.2.1981 was made, no interim direction was given and he retired from service reaching the age of superannuation with effect from 1.11.1981. The writ petition was allowed by order dated 30.4.1993 and it was held that he was to retire in the year 1986 with effect from 1.11.1986. Accordingly, direction was given to the respondents in the writ petition to pay the arrears for the period from 1.11.1981 to 1.11.1986.


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