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IN THE HIGH COURT OF ALLAHABAD
A. K. Yog, J.
RAJ PAL SINGH - Appellant
Versus
EXECUTIVE ENGINEER, KOYALA SANCHALAN KHAND - Respondents
Civil Misc. Writ Petition 45791 Of 1992
Decided On : 09/28/1999
SERVICE LAW - DATE OF BIRTH - CORRECTION - SERVICE RULES - RULE 2 - NO SCOPE FOR CORRECTION OF DATE OF BIRTH IN SERVICE BOOK - ENTRY REGARDING AGE SIGNED BY PETITIONER - NO OBJECTION RAISED - PETITIONER CANNOT TAKE ADVANTAGE OF ANY ORDER PASSED BY SOME OFFICER BEING IGNORANT OF THE EARLIER REJECTION OF REPRESENTATION.
Fact of the Case:
Petitioner, an employee of U.P. State Electricity Board, sought to quash an order retiring him from service on the basis of his date of birth recorded in his service book as 1-10-1932. He claimed that his correct date of birth was 15-6-1942 as per his school leaving certificate.
Finding of the Court:
The court found that the petitioner had earlier made an attempt to correct his date of birth on the basis of a horoscope, but his request was rejected in 1984. The court also found that the petitioner had not disclosed this fact in his writ petition.
Issues: Whether the petitioner could be retired from service on the basis of his date of birth recorded in his service book, despite his claim that his correct date of birth was different.
Ratio Decidendi: The court held that Rule 2 of the relevant service rules left no scope for correction of date of birth in the service book. The petitioner had signed his service book which contained the entry regarding his age and had not objected to it. The court also relied on a previous decision of the Allahabad High Court, which held that an entry regarding date of birth could not be ignored without giving an opportunity to the employee concerned, but that such an opportunity was not required where the alteration in the date of birth was illegal and without authority of law.
Final Decision: The court dismissed the writ petition and held that the petitioner should be discharged and relieved from his post forthwith, with his pension being computed and paid on the basis of his date of birth mentioned in his service book initially (i.e., 1-10-1932).
( 1 ) LIST has been revised.
( 2 ) RAJ Pal Singh, petitioner, an employee of U. P. State Electricity Board was posted in Hardua ganj Thermal Power Project, District Aligarh. Respondent Nos. 1 and 2 (Executive Engineer koyala Sanchalan Executive Engineer, Koyala Sanchalan Khand, Hardua Ganj Tapiya pariyojana, Kasimpur, District Aligarh and Maha Prabhandhak, Harduaganj Termal Project, kasimpur, Aligarh) are his superiors having control on him. Petitioner wants order dated 7-11-1992 (Annexure-5 to the Writ Petition) to be quashed, whereby he was informed that he had superannuated after completing age of 60 years under relevant Rules and stands retired by treating his date of birth as 1-10-1932 as recorded in his service book.
( 3 ) PETITIONER, however, contends that he cannot be retired inasmuch as correct date of birth is 15-6-1942 as per School leaving certificate, which he had submitted along with representation for correction in his service book regarding his date of birth (Annexure CA-1 to the counter affidavit of the respondents ).
( 4 ) IN order to appreciate the controversy of the present case it will be useful to refer to paragraphs 5 to 8 of the Counter Affidavit, wherein it is stated that petitioner had, in the past, made attempt at different times between the year 1980 and 1984 for correction of his date of birth on another ground (horoscop) but failed. Petitioner wanted to get his date of birth changed in his service book on the basis of an alleged horoscope (See Annexure CA-3 ). Request of the petitioner was specifically truned down vide order dated November 20, 1984 (Annexure CA-3 to the Counter Affidavit ).
( 5 ) IT is interesting to note that petitioner did not disclose in the present writ petition factum of his earlier representation (regarding correction of his date of birth) already having been rejected in the past.
( 6 ) PETITIONER, however, relies upon certain orders issued on the basis of representation of the petitioner for correction of date of birth, i. e. , orders passed by Executive Engineer and Assistant engineer concerned (Annexure Nos. 3 and 4 to the writ petition and Annexure No. CA-4 to 7 to the Counter Affidavit ).
( 7 ) COUNTER Affidavit reveals that on receiving complaints from some person. Officer concerned became aware of the rejection of the representation in the past in the year 1984. On having come to know of the entire facts, being aware of correct position, order for correction of age in service book (passed in ignorance of correct facts) was cancelled vide order dated 6th November, 1992 (Annexure CA-9 to the Counter Affidavit ).
( 8 ) IN the light of the above order service book was again corrected, indicating original date of birth i. e. , 1-10-1932 (instead of 15-6-1942 ).
( 9 ) CONTESTING Respondents have filed copy of relevant Rules as Annexure CA-8 to the Counter affidavit. Rule 2 for convenience sake reproduced below :
"2. The date of birth of a Government servant as recorded in the certificate of his haying passed the High School or equivalent examination or where a Government servant has not passed any such examinations aforesaid the date of birth or the 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 of 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. "
( 10 ) THE above rules leave no scope for correction of date of birth in the service book. Petitioner signed his service book which contained entry regarding age. He did not object. It is not his case that he did not know about entry in service book.
( 11 ) CONTESTING Respondents placed reliance upon the decision, dated 17-9-1993 passed by division Bench consisting Honble V. K. Khanna and Honble
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