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AJIT KUMAR
Suresh Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
AJIT KUMAR, J.
1. Heard Sri A.K.Rai, learned Advocate holding brief of Sri D.K.Singh, learned counsel for the petitioner Sri D.K.Srivastava, learned counsel for the respondent and learned Standing Counsel for the State respondents.
2. Petitioner before this Court was appointed in the year 1984 as a peon on daily wage basis in the office of Town Area Committee, Dohri Ghat, Mau. Later on his services came to be regularized in the year 1992 and he continued in service. However, after July, 1992, suddenly his salary was stopped and his services were terminated which came to be challenged before this Court vide Writ Petition No. 35296 of 1993 which was allowed by a detailed judgment and order dated 21st March, 2006 and it was how petitioner came to be reinstated. Suddenly, as it is alleged in the petition, on the basis of some complaint regarding date of birth recorded in the service book as 1.1.1964 just for his date of birth differently so recorded in the Life Insurance Corporation Policy paper , the Chairman of the Nagar Panchayat , Dohri Ghat Mau came to pass order dated 28.8.2014 withholding the salary of the petitioner while seeking direction and guidance from the Director
The date of birth of a government employee, once recorded in the service book, cannot be changed without a bona fide mistake and proper verification, and any retirement based on an unverified date is....
A government employee's date of birth cannot be altered once recorded at service entry if they have not passed high school; notice is required before salary withholding.
Date of birth declared at service entry is conclusive unless corrected within two years; belated claims with certificates obtained just before superannuation after nearly 20 years not permissible.
The main legal point established in the judgment is the requirement for irrefutable proof and timely requests for correction of date of birth in service records, as well as the limitations on seeking....
A government servant can seek correction of the date of birth in service records based on irrefutable proof despite any absence of explicit limitation, as long as the request is made without unreason....
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