STATE OF U P Vs. SHIV NARAIN UPADHYAYA

JUDGEMENT

(1.) State of Uttar Pradesh and Executive Engineer, Sharda Sahayak Khand-36, Jaunpur, U.P. calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that the respondents date of birth was 1-9-1939 and not 1-9-1930 as claimed by the appellant-State.

(2.) Factual background in a nutshell is as follows : The respondent-employee was engaged as Class IV employee on 2-1-1972. In the service records the date of birth was indicated to be 1.9.1930. By order dated 31-1-1991 the Executive Engineer-appellant No.2 intimated the respondent-employee that he had superannuated on 30-9-1990 having completed 60 years of age. It was indicated that by mistake he was allowed to work for three months more and paid, and, therefore, direction was given to refund the amount. The said order dated 31-1-1991 was challenged by the respondent in a writ petition. His stand was that according to the school records his date of birth was 1-9-1939 and without any opportunity he had been pre-maturely retired nine years earlier. It appears that the High Court directed production of the service records. By the impugned order dated 11-10-2002 the High Court allowed the writ petition holding that the State had failed to produce the service record in spite of opportunities granted and, therefore, the petitioners stand that his date of birth was 1-9-1939 was accepted.

(3.) In support of the appeal, learned counsel for the appellant submitted that the High Courts view that service record was not produced is clearly erroneous. On the contrary along with affidavit dated 19-9-2002, copy of the service book of the respondent-employee was filed. The High Court did not take note of the said record. The document on which the respondent-employee placed reliance was issued on 27-2-1991, after the order dated 31-1-1991 was issued. A copy thereof is annexed as Annexure P-4 to the present appeal. According to learned counsel for the appellant the same makes very interesting reading. Most of the columns requiring information have been indicated to be nil. The respondent had himself signed in the service book on 27-4-1977 where his month and year of birth were recorded to be September, 1930. Additionally, in the seniority list of Works Supervisor dated 2-9-1983 the respondent-employee was shown as Chowkidar and his date of birth was indicated to be 1-9-1930. In the group insurance scheme document dated 6-11-1985, and document relating to surplus staff (Letter No.1153/Sh.S.Kh.36/W-3 dated 10-6-1987 same is the position.