1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 1598/2009 (Sayyad Mubin Ahmed Sayed Munaf vs. Zilla Parishad Amravati and others ) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 28th April, 2009. *** 1. Heard Mr G N Akolkar, learned counsel for the petitioner and Mr. J B Kasat, learned counsel for Respondent -Zilla Parishad 2. It is brought to the notice of this Court that in view of the earlier order passed by this Court dated 26th September 2008 in Writ Petition No. 2656/2008 filed by the petitioner, the petitioner has submitted a fresh representation dated 19th December, 2008 in respect of the controversy regarding his date of birth, to the Chief Executive Officer, Zilla Parishad, Amravati. It is contended that till this date, no decision has been taken by the CEO, ZP Amravati, in respect of the said representation. It is contended that the Block Development Officer (Higher Grade), Panchayat 2 Samiti, Amravati vide order dated 31.3.2008, in view of the provisions of Rule 20 (2) of the Maharashtra Nagar Seva (Pension) Rules, 1982, declared the petitioner retired on attaining the age of 58 years with effect from 31.3.2008. It is contended that since the controversy about the date of birth has not yet been decided by the CEO, ZP, Amravati, the communication dated 31.3.2008 ought not to have been issued by the Block Development Officer. 3. Mr. Kasat, learned counsel for the Zilla Parishad has submitted that on the representation of the petitioner, an inquiry is going on and the petitioner has been given an opportunity to produce evidence to support his claim regarding date of birth. Mr Kasat, states that the said inquiry shall be completed and appropriate decision on the representation of the petitioner in accordance with law, shall be taken within a period of four weeks from today. 4. In the backdrop of the above-referred facts, we direct the Chief Executive Officer, Zilla Parishad, Amravati to complete the inquiry within four weeks. If it is concluded that the date of birth of the petitioner is “1.4.1952” instead of “1.4.1950” appropriate steps in respect of communication dated 31.3.2008 may also be taken. 3 5. With these observations and directions, Writ Petition is disposed of. JUDGE JUDGE sahare