- (1.) THE delay is in filing the appeal is condoned.
(2.) HEARD on the merit of the appeal. This appeal is at the instance of the State who was respondent in the writ petition. When the appellant forced the respondent -writ petitioner to retire with retrospective effect i.e. from 1.1.2002, the said order was challenged in the writ petition, the writ petition was allowed holding that the petitioner will be entitled to remain in service till he attains the age of superannuation from the date of birth recorded in the service book. The learned Single Judge held that there was no provision under which an order of retirement can be issued with retrospective effect and that there was no justification for the appellant to alter the date of birth of the writ petitioner from 1.1.1949 as entered in the service book to 1.1.1944.
(3.) ON going through the impugned order, we find no reason to interfere with the same. This appeal is dismissed.;