Court No. - 2
Case :- WRIT - A No. - 8976 of 2019 Petitioner :- Rama Shankar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabhat Pandey Counsel for Respondent :- C.S.C. Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner.
Petitioner came to be appointed Home Guard in 2004. At the time of preparation of the nominal roll, date of birth in the service record of the petitioner, was recorded 30 January 1959. The nominal roll records that petitioner is Class 8th pass. The nominal roll was prepared after medical examination conducted on 9 March 2003. Accordingly, petitioner came to be retired on attaining the age of superannuation on 30 January 2019.
Learned counsel for the petitioner submits that the date of birth in the Junior High School of the petitioner is recorded as 1 August 1964, therefore, the petitioner is entitled to continue in service.
In rebuttal, learned Standing counsel has placed reliance on Rule 2 of Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974 (for short "Rules 1974), which reads thus:
"The date of birth of a government servant as recorded in the certificate of his having passed the High School or equivalent examination, at the time of his entry into the Government Service or where a government servant has not passed any such examination as aforesaid or has passed such examination after joining the service, the date of birth or age recorded in his service book at the time of his entry into government service, shall be deemed to be his correct date of birth or age, as the case may be, for all purposes in relation to his service, including eligibility for promotion, superannuation, premature retirement or retirement benefits, and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever."
In the backdrop of the admitted fact that at the time of appointment, date of birth of the petitioner is recorded as 30 January 1959 in the service book. In the circumstances, petitioner came to be retired as per the date of birth recorded in the service record at the time of appointment in terms of Rule 2 of Rules 1974.
The writ petition being devoid of merit is, accordingly, dismissed.
Order Date :- 29.5.2019/Atul