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1998 Supreme(All) 1074

D.K.SETH
YUGUL KISHORE PANDEY – Appellant
Versus
STATE OF UTTAR PRADESHAND OTHERS – Respondent


Advocates Appeared:
Daya Shankar, K.N.SINGH, K.R.SINGH

D. K. SETH, J.

( 1 ) THE petitioners date of birth was entered into his service record as on 31st January, 1935 on the basis of his High School Certificate, wherein the same date of birth was recorded. Subsequently his date of birth as recorded in the service record was sought to be altered by reason of an enquiry made by the respondents from the Board with regard to the date of birth of the petitioner on the ground that the date of birth was recorded as on 1st January, 1933 in the records of the Board. The respondents had passed an order on 8th February, 1995, which is annexure-5 to the writ petition, whereby it was pointed out that it was ascertained from the records of the Board that the petitioners date of birth was recorded therein as on 31st January, 1933 and, therefore, he should have retired on 30th June, 1993 and, therefore, he is deemed to have retired on 30th June. 1993 and whatever, salary he had received after 30th June. 1993, should be refunded. This order has since been challenged in this writ petition.

( 2 ) DR. Daya Shankar, learned counsel for the petitioner contends that by reason of the relevant rules, the date of birth of the petitioner as recorded in the servi





















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