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2004 Supreme(All) 1726

D.P.SINGH
PHULESHWAR – Appellant
Versus
SANTWANA TIWARI – Respondent


Advocates Appeared:
Anil Bhushan, Ashok Khare, Asutosh Tripathi, K.R.SINGH, Krishna Ji Khare, R.P.TRIPATHI, S.M.A.Kazmi, Shamsher Bahadur Singh,

D. P. SINGH, J.

Heard learned counsel for the applicant and Sri Ashok Khare, learned Senior Advocate assisted by Sri Anil Bhushan for opposite party No. 4. Sri S. M. A. Kazmi, learned Chief Standing Counsel for opposite parties No. 3 and 5.

2. The applicant was appointed on a fixed salary as farrash on class IV post in a Intermediate College, Allahabad, duly recognized and aided institution on 27-10-1959. He was appointed as a regular peon w. e. f 1-8-1973 and his date of birth as recorded in the service book was 13-7-1944. However, he was restrained from functioning as such by the College w. e. f. 13-7-1994 treating as date of birth as 13-7- 1934. He made a representation to the District Inspector of Schools against the aforesaid action of the College. The District Inspector of Schools after enquiry, held by Order, dated 29-11-1994 that the date of birth of the applicant was 13-7-1944. This order was subjected to a challenge by the management in writ petition No. 2022 of 1995. After exchange of pleadings the writ Court dismissed the writ petition and issued the following direction vide its judgment and order dated 21-2-2000:

"for the reasons given above, the writ petition fails and
























































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