1. The petitioner has moved this petition under Article 226 of the Constitution of India for direction to the respondents to treat the service of the petitioner to be continued service and to pay him back wages.

2. The following are the facts noticed from the petition.

2.1 The petitioner joined as Assistant Teacher (P.T.) in Shri N. K. T. Jalaram Vidyalaya and K. K. Pandit Higher Secondary School represented through its principal – respondent No.1 on 05.01.1990. He continuously served up to 10.02.2003. On 10.02.2003, the petitioner suffered paralytic attack and was admitted in the hospital. He was issued certificate dated 15.11.2006 by President, Standing Medical Board, Civil Hospital, Ahmedabad declaring him to be completely and permanently incapacitated for further service of any kind in the department to which he belongs. The said certificate is produced at Annexure – B. It is the case of the petitioner that pursuant to the said certificate, the petitioner was compelled to retire by the school when the petitioner was under treatment. It is further case of the petitioner that after the petitioner was discharged from hospital, he requested the respondents to reinstate hi