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2012 Supreme(HP) 618

DHARAM CHAND CHAUDHARY
Dharampal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the petitioner:Mr. C.S. Thakur, Advocate.
For the respondents:Mr. Anup Rattan, Advocate for respondent No.1. Mr. Rajnish Maniktala, Advocate for respondents No.2 & 3.

Judgment

Dharam Chand Chaudhary, J.

The petitioner herein has claimed the following relief in this writ petition: -

“i) Issue a writ in the nature of Certiorari or any other appropriate writ order or direction quashing Order dated 27.4.2009 (Annexure P-7 passed by respondent No.3 whereby the petitioner has been ordered to retire w.e.f. 31.5.2009 deeming his date of birth to be 28.05.1951 which is against the records;

ii) Issue a writ in the nature of mandamus or any other appropriate writ order direction directing respondent-management to correct the date of birth of the petitioner to be 28.05.1952 instead of 28.05.1951 mentioned inadvertently in the service book.”

2. As per the undisputed facts the petitioner initially was appointed as Jack Hammer Operator on 1.1.1976 by 2nd respondent-corporation in its project at Rajban, District Sirmour. Subsequently, he was promoted as Heavy Equipment Operator. The age of superannuation of an employee of the 2nd respondent Corporation is 58 years. The dispute, however, is with regard to the date of birth of the petitioner. While he claims his date of birth as 28.5.1952, the respondent in complete denial thereto submits that his date of birth as







































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