STATE OF J&K AND EDUCATION COMMISSIONER Vs. MOHD SULTAN WANI

JUDGEMENT

(1.) THIS appeal, under Letters Patent has been filed by the State challenging a decision dated 17.10.1985 of the learned single Judges whereby an order of retirement from service of respondent/writ petitioner has been quashed and by a mandamus respondent ordered to be treated in service from 25.5.1984 till the date of superannuation as per date of birth determined by the court.

(2.) THE facts, which gave rise to this appeal are that respondent appears to have joined Government service as Lecturer on 10.3.1985 in Education Department, at Anantnag and at the time his entry into Government service he declared his date of birth as 20.5.1929 on the basis of Matriculation certificate. Therespondent continued in Govt. Service till he rose to the rank of Principle of college and according to the age recorded in the service he had to retire in May,1984. On 17.9.1980, he letter from Dy. Education Commissioner, J&K Govt. asking for production of Matricatation certificate, to which the writ petitionerreplied having produced same before the Principle SP college at Srinagar, at the time of his transfer and which was not returned to him later. The respondent again vide letter dt. 3.2.1981 was a ked to comment on the record that his date of birth as per records of Punjab University Solan, and SP College, Srinagar. is recorded as May 20,1923. The respondent vide his letter dated 17.2.1981 applied to the appellant for time to produce a duplicate Matriculation certificate from Punjab University Lahore. That before such duplicate certificate could be produced by the respondent, the appellant issued order being Government order No.915 -Edu of 1981 dated 30.5.1981, retiring him from service, impugned in the writ petition and quashed by the learned Single Judge vide decision dt. 17.10.1985 with mandamus of taking the petitioner into service, now subject matter of this appeal.

(3.) WE have beard learned counsel for the parties and gone through the record of the case.