Court No. - 39
Case :- WRIT - A No. - 55078 of 2013 Petitioner :- Ishwar Chand Respondent :- State Of U.P.And 3 Ors.
Counsel for Petitioner :- H.C.Dubey,Radha Kant Ojha Counsel for Respondent :- C.S.C.,Anil Kumar Tripathi,K.M.Asthana,Krishna Mohan Asthana,M.K. Mishra
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 17.8.2013, which records that petitioner was initially appointed on 8.7.1974 in the institution concerned as class IV employee and he submitted his resignation on 8.5.1976. At the time of his initial appointment his date of birth was mentioned as 30.6.1953. When he was re- appointed in 1978 his date of birth was mentioned again as 30.6.1953. However, some school leaving certificate of the year 1979 was later produced before the authorities and his date of birth has been corrected as 15.8.1958. The District Inspector of Schools has clearly recorded that initial recording of petitioner's date of birth was correct and was liable to be maintained inasmuch as there was no justification to subsequently revise petitioner's correct date of birth. It is also recorded that original records have gone missing and has apparently been destroyed in the floods. Petitioner's claim accordingly has been decided.
Learned counsel for the petitioner submits the school leaving certificate clearly records his date of birth as 15.8.1958. It is also submitted that in the enquiry it has been found that certificate was genuine.
Petition is opposed by Sri Anil Kumar Tripathi, learned counsel for the respondents.
Having examined the materials placed on record, this Court finds that the decision of the authority concerned to maintain the date of birth first recorded in the service book cannot be faulted when the original school leaving certificate itself has been found to be not available. There is otherwise no explanation as to why at the time of first appointment and also at the stage of second appointment a wrong date of birth was mentioned. In such circumstances, order impugned suffers from no infirmity.
Writ petition lacks merit and is, accordingly, dismissed.
It is, however, provided that since petitioner has already died, the respondents shall proceed to process and release all retiral benefits due and payable to petitioner's dependent in case the same is not already paid, within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 20.12.2019 Ashok Kr.