- (1.) RAJEEV Gupta, C. J. Sri Pramod Belwal, Advocate with Sri Deep Joshi, Advocate for the appel lants. Smt. Beena Pande, Advocate for respondent no. 1. Sri N. C. Gupta, Standing Counsel for respondents 2 to 4.
(2.) ON due consideration, Delay Condonation Application is allowed and the delay in filing the Special Appeal is hereby condoned. The learned counsel for the par ties are heard on admission. The appellants have filed this Special Appeal against the impugned judgment dated 2/-08-2003 passed in Writ Petition No. 131 of 2001 (S/s) whereby the writ petition filed by original petitioner Jethu Prasad was dis missed.
(3.) ORIGINAL petitioner Jethu Prasad filed the writ petition in the year 1991 for the following reliefs : " (a) to issue an appropriate Writ, Or der or Direction in the nature of Certiorari, quashing the impugned Sanction Order, dated 18-2-1991, as contained in Annexure '3', and the finally passed impugned order of Retirement, dated 19-/-1991, as contained in the Annexure '10' attached to the writ petition; (b) to issue an appropriate writ, or der or direction, in the nature of Mandamus, commanding the Re spondents No. 2 to 4, to allow the petitioner to continue to discharge his duty at the post of Chaprasi, as before, and not to relieve him or take charge from him; (c) to issue an appropriate Writ, Or der, or Direction, in the nature of Mandamus, Commanding the Respondents No. 2 to 4, to treat the petitioner to be in continuous service at the post of Chaprasi, on the basis that his date of birth is 18-8-1946, and to correct the entries in the petitioner's Service Book and the other records in the Department accordingly; (d) to issue an appropriate Writ, Or der or Direction jn the nature of Mandamus, commanding the Re spondents No. 2 to 4, pay the pe titioner his due salary at the pre scribed rate even after 30-6-1991, as if the impugned order of retirement dated 19-7-1991 and the impugned Sanction Order dated 18-2- 1991, had never been passed at all; (e) to issue an appropriate Writ, Or der or Direction of such nature and in such terms to the Re spondents No. 1 to 4 or any of them, to give to the petitioner such other relief as may be found necessary in the facts and cir cumstances of the case as well as may be found expedient in the interest of justice, which the Hon'ble Court may deem fit in the instant case; (f) to award costs of this Writ Peti tion to the petitioner, against the Respondents 1 to 4 or any of them. " Original petitioner Jethu Prasad joined service as "mate" in the Irrigation Department in the year 1979. In his service records, his date of birth was re corded as 19-06-1931. On his attaining the age of 60 years on 30-06-1991, he was retired from service vide Order dated 19-07-1991.;