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J. J. MUNIR
Vidya Sagar – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order passed by the Basic Shiksha Adhikari, Firozabad dated 16.12.2013, directing inter alia that the petitioner, the Headmaster of Junior High School, Bhitari, Block Narkhi, District Firozabad, be relieved of his duties forthwith having superannuated, a First Information Report lodged against him and the payment of his retiral dues stopped until salary paid to him in excess beyond the age of his superannuation is recovered.
2. On 10.02.2014, when this petition came up for admission, this Court, while issuing a notice of motion to the other side, passed an interim order in the following terms:
Sri Radha Kant Ojha very fairly requests that for the time being subject to the outcome of this writ petition the petitioner may at least be allowed provisional pension taking his date of retirement to be 30.6.2012 for his livelihood. Respondents do not have any objection to this proposal. It is further directed that treating the date of retirement of t
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An employee cannot be denied remuneration for work performed due to a clerical error regarding the date of birth, as it constitutes unconstitutional begar under Article 23 of the Constitution.
The court held that the date of birth in a matriculation certificate is authoritative over an affidavit, and manipulative actions for personal gain constitute fraud.
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
The court established that official records from recognized authorities, such as SEBA, are determinative in employment matters regarding age and retirement, and discrepancies in personal documentatio....
In exercise of extra-ordinary powers conferred by under Article 226 of Constitution of India, Court loathe in interfering with matters pertaining to change of date of birth.
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