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1999 Supreme(All) 1517

A.K.YOG
RAJ PAL SINGH – Appellant
Versus
EXECUTIVE ENGINEER, KOYALA SANCHALAN KHAND – Respondent


Advocates Appeared:
A.S.KAPUR, P.C.Srivastava, S.P.MEHROTRA

A. K. YOG, J.

( 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 Affidav


















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