Advocates:
['INDRA RAJ SINGH', '', 'PANKAJ LAL', 'ADARSH SINGH', 'KAILASH SINGH YADAV', 'RAJESH KUMAR YADAV', 'C S C', '', 'ASHISH K NAGVANSHI']

1

Reserved on -01.11.2019

Delivered on – 08.11.2019

Case :- WRIT - A No. - 58274 of 2016

Petitioner :- Ravi

Respondent :- Superintending Engineer P.W.D. Varanasi Circle And 4 Ors.

Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh,Kailash Singh

Yadav,Pankaj Lal,Rajesh Kumar Yadav

Counsel for Respondent :- C.S.C.,Ashish K Nagvanshi

Hon'ble Saurabh Shyam Shamshery,J.

1.

This writ petition has been filed, inter alia, for the following reliefs :-

(i) Issue a writ, order or direction in the nature of certiorari quashing

the impugned order dated 01.12.2016, passed by respondent No.1-

Superintending Engineer, Varanasi Circle, Public Works Department,

Varanasi.

(ii) Issue a writ, order or direction in the nature of mandamus,

restraining the respondents from interfering in the functioning of petitioner

on the post of Class-IV employee and to give all service benefits including

salary.

2.

The factual matrix of the present case is as follows;

(A)

The father of the petitioner died in harness on 06.3.2008, while

working on the post of Beldar in Public Works Department, leaving behind

petitioner, his mother and his sisters.

(B)

The petitioner thereafter, applied for appointment under dying in

harness Rules. While applying, he submitted a marksheet of 8^th class, issued

from Bal Vidya Mandir, Purva Madhyamik Vidyalaya, Sakaldeeha,

Chandauli, in the year 2005 which mentioned his date of birth as 7.4.1989.

On basis of the said application the petitioner was granted appointment on

the post of Meth vide appointment letter dated 1.7.2008, treating his date of

birth as 7.4.1989 and accordingly considering him to be more than 18 years.

Thereafter, the petitioner joined the service.

(C)

It appears that an complaint was filed with the concerned department,

alleging that the petitioner had appeared in the 10^th Class examination.

However, he got failed and in the marksheet his date of birth was mentioned

as 7.4.1992 and as such on the date of issue of appointment letter the

WRIT A No.58274 of 2016

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petitioner was less than 18 years and as such the petitioner had misled the

authorities and got appointment on the basis of incorrect date of birth. The

respondent No.2 on the basis of the complaint, after considering the High

School marksheet, came to conclusion that the petitioner had got the

appointment on the basis of misrepresentation and he was less than 18

years on the date of appointment and therefore, he was not eligible for

appointment. Therefore, the respondent No.2 passed the impugned order

dated 1.12.2016 and terminated the petitioner from service. Being

aggrieved by the impugned termination order, the petitioner has

approached this Court by way of filling the present writ petition seeking

aforesaid reliefs.

3.

The petitioner has filed a supplementary affidavit on 10.1.2017,

wherein he annexed a marksheet issued by the Board of High School and

Intermediate Education for the High School Examination 2008 in which

his date of birth was mentioned as 7.4.1992. It was also mentioned in the

supplementary affidavit that the petitioner got failed in Class X and as

such no certificate was issued by the Board.

4.

A counter affidavit was filed on behalf of the respondent No.1 to 4,

wherein it was submitted that the principal, Sakaldeeha Inter College,

Sakaldeeha, Chandauli, vide his letter dated 03.12.2011 informed that the

petitioner had participated in High School Examination but failed and

according to School record, his date of birth was 07.04.1992. It was

further submitted in the reply that after the death of his father the

petitioner, on the basis of the mark-sheet of Bal Vidya Mandir Purva

Madhyamik Vidyalaya, Sakaldeeha, Chandauli, on which his date of birth

was mentioned as 07.04.1989, was granted compassionate appointment. It

was also mentioned that in pursuance of the directions issued vide Letter

dated 13.08.2012 of the Chief Engineer, Parivad Kha Category, Pu