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AJIT KUMAR
Sheshmani Chaubey – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. basis of dispute over petitioner's date of birth (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on validity of petitioner's age records (Para 7 , 8) |
| 3. findings from original service book and legal rules (Para 9 , 10 , 11) |
| 4. court's rationale on third party complaint and service continuity (Para 12 , 13 , 14) |
| 5. final decision of reinstatement and benefits (Para 15 , 16 , 17) |
JUDGMENT
Ajit Kumar, J.
Heard Sri Shri Prakash Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the State.
2. The petitioner who has been working as a jeep driver was served with a show cause notice dated 14.02.2019 requiring him to show cause as to why an enquiry may not be instituted regarding his date of birth. The basis of the show cause notice was a complaint made by the son of the employee stating therein that his uncle Rajmani Chaubey was five years younger to his father and since his uncle had already retired, how could his father be still in service as he ought to have retired before his uncle.
3. In response to the above show cause notice, petitioner submitted his reply annexing therewith the documentary evidence in the form of motor driving license, adhar card and med
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.
Delay in seeking correction of date of birth and lack of conclusive proof can justify rejection of such requests by employment authorities.
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
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....
The court ruled that correction of the date of birth in service records cannot be claimed as a fundamental right, especially after a significant delay, which can adversely affect other employees' opp....
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