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J. J. MUNIR
Subhash Chand – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. Parties have exchanged affidavits.
2. Admit.
3. Heard Mr. Surendra Kumar Chaubey, learned Counsel for the petitioner and Mr. Sanjeev Singh, learned Counsel appearing on behalf of respondent Nos.3 and 4. Learned Standing Counsel has been heard on behalf of respondent Nos.1 and 2.
4. This writ petition challenges the order dated 03.10.2022 jointly passed by the Chairman and the Executive Officer of the Nagar Palika Parishad, Kairana, District Shamli, compulsorily retiring the petitioner from service as a Safai Nayak; or at least purporting to do so.
5. The case of petitioner is that he was appointed to the post of a Safai Karmi after his father resigned from the employ of Nagar Palika. The petitioner was appointed vide letter of appointment dated 4.12.1991. He has worked for a long period of time to the satisfaction of his employers and was never subjected to any disciplinary action. It is the petitioner's case that at the time of his appointment, he was required to submit his age and fitness certificates. The petitioner appeared before the Executive Officer of the Nagar Palika way back in the year 1991 and produced his Transfer Certificate relating to Class VI
The main legal point established in the judgment is that the date of birth recorded at the time of entry into government service for an illiterate employee shall be deemed to be the correct date of b....
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
The date of birth recorded in the High School certificate at the time of entry into government service is final for the purposes of service benefits, and no application for correction of the date of ....
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