B.Dixit, J. - (1.) By this petition the petitioner has challenged the orders of Principal, G. S. V. M. Medical College, Kanpur dated 22-6-1989 and 21-8-1989 retiring petitioner from service retrospectively with effect from 31-3-1984.
(2.) Counter-affidavit and rejoinder affidavit have been exchanged in this case. The case being listed for admission, the parties agreed that this case can be disposed of at this stage. I, therefore, proceeded to hear the case on merits which is being decided at admission stage in accordance with the Rules of the Court.
(3.) In short, the essential facts are these. Admittedly, the petitioner was appointed as Mali (Gardener) on 4-9-1957 at G.S.V.M. Medical College, by its Principal. The petitioner continued to work as such till 22-6-1989 when the Principal, the petitioner's appointing authority, retired him. The order dated 22-6-1989 retires petitioner retrospectively with effect from 31-3-1984. The retirement is on the ground of attaining the age of superannuation. The petitioner challenged the order of retirement by filing a writ petition before this Court. In that writ petition the petitioner challenged the order of retirement for the reason that petitioner's service record discloses the date of birth of petitioner as 28-3-1934 and in normal course he was to retire in the year 1994 on attaining age of superannuation which is 60 years. The Division Bench of this Court while hearing the writ petition was not inclined to go into the question raised in writ petition at that stage and observed that petitioner may make a representation incorporating the allegations made in the writ petition and directed the Principal of the College to decide the representation. The writ petition was disposed of with said observations on 21-7-1989. The petitioner made representation on 27-7-1989 as per observation of this Court. The Principal by order dated 21-8-1989 disposed of representation of petitioner by holding the age of superannuation of petitioner as 31-3-1984. The petitioner has then filed present writ petition seeking quashing of both the orders passed by the Principal i. e., the order dated 22-6-1989 passed before making of representation retiring petitioner with effect from 31-3-1984 and the order dated 21-8-1989 passed on representation holding the date of superannuation of petitioner as 31-3-1984.;