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Judgment
B.K. Somasekhara, J.—The petitioner is an employee and the first respondent has made to retire him by the impugned order dated 29-02-1996 under the Memo No. SE/OP/ WGL/Estt./U2/D.No.3385/96 on the ground that he was superannuated as on 31-7-1995 but, was to be relieved on 29-2-1996 as he continued in service. This happened after an enquiry into the date of birth of the petitioner entered in the Service Register which was admitted to be incorrect. As his date of birth was 10-7-1937 he has to retire from service on 31-7-1995. The petitioner challenged the entire proceedings including purported enquiry and impugned order leading to his retirement from service on 29-2-1996.
Sri R.K. Suri, the learned Counsel for the petitioner submits that now the petitioner is not proposing to pursue the remedy to challenge entire proceedings covered by the impugned order, since he is going to retire within few months, even accepting the correct date of birth. Therefore, he proposes that the petition may be disposed of with a direction to the respondents to grant all the service benefits to the petitioner till 29-2-1996, including terminal benefits, pension etc.
Mr. P.N. Murthy representing the learned Standing Counsel for respondents submitted that appropriate orders can be passed further not disturbing the impugned order or the proceedings which are challenged by the petitioner.
Rightly or wrongly, the petitioner served his employment till 29-2-1996 although he was to retire on 31-7-1995. Therefore, notwithstanding the fact that proceedings are not challenged or though they are going to be pressed, the petitioner is entitled to all benefits till 29-2-1996, the date upto which he served, including retirement benefits depending on his service conditions and the rules of the respondents. Therefore, there are merits in the submission made by the learned Counsel for the petitioner to pass appropriate orders.
The writ petition is disposed of with the following directions: The impugned order in the proceedings is confirmed as the petitioner is not pressing the petition in regard to challenging the same. Further, the respondents are directed to grant all the service benefits to the petitioner till 29-2-1996 including terminal benefits, pension etc. in accordance with service conditions and rules. No costs.
Under the circumstances, the proposal of the respondents to initiate proceedings against the petitioner by issuing show cause notice, becomes academic and redundant can no longer sustain, particularly when the petitioner is made to retire on 29-2-1996. This order shall not prejudice the petitioner from getting any benefits of his service including pensionary benefits as indicated above.