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A. S. SUPEHIA, MAUNA M. BHATT
Gujarat State Road Transport Corporation – Appellant
Versus
Hirabhai Vaghabhai Rabari Since Decd Tho His Heirs & L/R – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present appeal is directed against the judgement dated 28.07.2016 passed by the learned Single Judge allowing the captioned writ petition. The learned Single Judge, while allowing the captioned writ petition, has quashed and set aside the order dated 14.02.2000 relieving the deceased employee, who is being represented by his legal heirs.
2. Learned advocate Mr.H.S.Munshaw appearing for the appellants has submitted that the learned Single Judge ought to have appreciated that the original respondent No.1- late Mr.Hirabhai Vaghabhai Rabari was recruited as a Security Personnel/ Watchman in the service of Gujarat State Road Transport Corporation (GSRTC) on 24.01.1980 and his date of birth was recorded in the service book on the basis of the photo copy of School Leaving Certificate indicating his birth date as 09.07.1946. It is submitted that there was no other original documentary evidence to indicate that the respondent No.1 was born on 09.07.1946.
3. Learned advocate Mr.H.S.Munshaw for the appellants has further submitted that the learned Single Judge has erred in not appreciating that a Security Officer of Rajkot Division was
An employer can investigate the authenticity of documents submitted by an employee for service benefits, and if found false, can withdraw those benefits while ensuring compliance with natural justice....
The date of birth recorded in the H.S.L.C.E. Certificate is authoritative for retirement purposes, and recovery of excess salary for overstaying must consider shared negligence.
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the end of service.
The date of birth recorded in the Matriculation Certificate authenticated by the Education Board is conclusive proof of age, and a change in date of birth cannot be entertained at the fag end of serv....
The court held that the date of birth in a matriculation certificate is authoritative over an affidavit, and manipulative actions for personal gain constitute fraud.
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