ASHOK BHAN, V.N.KHARE
State Of M. P. – Appellant
Versus
MOHANLAL SHARMA – Respondent
( 1 ) THE respondent herein passed his matriculation examination in the year 1955. The certificate for having passed matriculation examination indicated that the date of birth of the respondent is 19-4-1935. On the strength of the said matriculation certificate, the respondent secured appointment in government service as Lower Division Clerk. The date of birth recorded in the service-book was 19-4-1935. In the year 1975, the respondent joined subordinate accounts service. It is not disputed that on the basis of the date of birth as 19-4-1935, the respondent was to retire on 30-4-1993. It appears that six months before the retirement, the respondent filed an original application before the Madhya Pradesh State Administrative tribunal, alleging that his correct date of birth is 3-2-1937 and not 19-4-1935. In support of his case, the respondent furnished his horoscope and a certificate from the retired headmaster of the school to the effect that his correct date of birth is 3-2-1937. The Tribunal, relying upon these two documents, held that the correct date of birth of the respondent is 3-2-1937 and not 19-4-1935. On that premise, the original application was allowed and a direction w
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