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2018 Supreme(All) 832

RAJIV JOSHI
PRAYAG NARAIN DUBEY – Appellant
Versus
U. P. S. R. T. C. – Respondent


Advocates:
Counsel :
Hare Krishna Mishra, Himanshu Shekhar, Siddharth Khare and Virendra Prakash for the Petitioner; Siddharth Khare, M.M. Sahai and S.C. for the Respondents.

JUDGMENT

Hon’ble Rajiv Joshi, J.—Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri M.M. Sahai, learned counsel for the respondents.

2. The petitioner-a conductor in U.P. State Road Transport Corporation, filed the present writ petition under Article 226 of the Constitution, challenging the order dated 29.10.2002 passed by respondent No. 2-Assistant Regional Manager, U.P. State Road Transport Corporation, Auraiya, wherein it was recorded that his date of birth in the service record was 25.2.1952 instead of 25.2.1958. The petitioner prayed for quashing of the said order and further a direction in the nature of mandamus commanding the respondents not to retire the petitioner on the basis of date of birth shown as 25.2.1952.

3. The brief facts as reflect from the record are that:

The petitioner was initially engaged as Labour (Mazdoor) in U.P. Government Roadways in 1974 and thereafter, he was promoted as a Conductor on 29.7.1983. The date of birth of the petitioner in Junior High School Certificate Examination, which he passed in 1971 was recorded as 25.2.1958. In the Certificate of High School Examination, 1980, a copy of which has been appended as annexure-2,, pet




















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