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2008 Supreme(SC) 1577

S.B.SINHA, CYRIAC JOSEPH
Mohd. Yunus Khan – Appellant
Versus
U. P. Power Corporation Ltd. – Respondent


Advocates appeared:
For the Appellant :Pramod Swarup, Advocate.
For the Respondents:S. Barthakur, Aneesh Mittal and Sunil Kumar Jain, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Consequence of a wrong recording of a date of birth in the service book of appellant by the authorities of the respondents is the question involved in this appeal which arises out of a judgment and order dated 17th May, 2004 passed by the High Court of Judicature at Allahabad in Special Appeal No. 359 of 2004 and judgment and order dated 8th July, 2005 passed in Review Application No.106236/04 in Special Appeal No. 359/2004.

3. The basic fact of the matter is not in dispute. Appellant was appointed on or about 1st July, 1968 as Patrolman by respondent No.5. His date of birth in the service book was recorded as 27th February, 1934. However, in the school leaving certificate of appellant, his date of birth was recorded as 1st July, 1948.

In April, 1988 when appellant approached the office of respondents at Basti to know the quantum of leave balance in his account, he came to know that his date of birth had been wrongly recorded as 27th February, 1934 in stead and place of 1st July, 1948. He immediately filed a representation.

Respondents, however, did not take any action thereupon till September, 1989. Appellant filed another representat























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