Court No. - 6
Case :- WRIT - A No. - 3515 of 2021 Petitioner :- Halke Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Maithali Sharan Pipersenia Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
In terms of the order dated 02.09.2021, passed by this Court for holding an enquiry with regard to allegations of manipulation of date of birth of the petitioner in the service record. The report has been sent under a sealed cover before this Court. A detailed enquiry was got conducted in terms of the order passed by this Court. The enquiry was conducted by one Vivek Kumar Singh, Deputy Commandant Home Guards, Lucknow. After a detailed enquiry conducted in the matter, the conclusions drawn in the enquiry are that nobody can be identified in person who had manipulated the death of birth of the petitioner, however, on perusal of the documents, the actual date of birth of the petitioner is 10.10.1966 which has been certified to be the correct date of birth. The said enquiry report is taken on record.
In view of the enquiry which is conclusive, stand taken by the petitioner i.e. actual date of birth was 10.10.1966 and not 01.10.1960 merits acceptance. The writ petition is allowed. It is held that the superannuation of the petitioner on 01.10.2020 was wholly unreasonable and unjustified. The petitioner shall be permitted to continue in service till the age of superannuation. The petitioner shall also be entitled to payment of wages and other benefits to which he was entitled from 01.10.2020 till date and shall also be paid wages on month to month basis to which the petitioner was entitled prior to his wrong superannuation on 01.10.2020. The arrears of wages as directed shall be paid to the petitioner within a period of three months from today.
The record as produced by Standing Counsel shall be transmitted back to the concerned Officer.
The writ petition is allowed in terms of the said order.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 22.9.2021 Puspendra