CHANDRAYYA Vs. REGISTRAR, KARANTAKA UNIVERSITY

JUDGEMENT

(1.) PETITIONER joined service of the respondent as a Junior Assistant on 28.03.1976, on the strength of having passed SSLC examination. While joining service, petitioner produced School Leaving Certificate, as at Annexure - R-1, wherein his date of birth has been entered as 01.06.1948. The petitioner having completed the age of superannuation - 58 years, the respondent issued Annexure - H, regarding retirement of the petitioner from service with effect from 31.05.2006. The respondent issued an office order dated 12.05.2006 as at Annexure - H, whereunder, the petitioner was notified of his retirement with effect from 31.05.2006. Questioning the office order as at Annexure - H and direct the respondent to consider the date of birth of the petitioner as 06.10.1949 and extend all service benefits, this writ petition was filed on 21.01.2012.

(2.) PETITIONER claims that his correct date of birth is 06.10.1949 and the same was reflected in the seniority lists dated 01.06.1982, 09.11.1987, 07.08.1993 and 09.01.1996 and that he submitted repeated representations to correct his date of birth in the Service Register, which was not attended and replied and that he was prematurely retired with effect from 31.05.2006, based on the entry in the School Register showing his date of birth as 01.06.1948, which was not the correct date of birth and on account of the said action of the respondent vide Annexure - H, there is loss of 17 months service and as per the government service conditions, he was entitled to further extension of two years service and in the circumstances, the respondent should extend all the service benefits, treating his date of birth as 06.10.1949.

(3.) SHRI P.S.Kadadevar, learned advocate appearing for the petitioner contended that the office order of the respondent, as at Annexure - H is arbitrary and illegal, since the petitioner's correct date of birth is 06.10.1949, which appears from the seniority lists published by the University, as at Annexures - B to F and that the petitioner has been illegally prematurely retired, on account of which the petitioner has been deprived 17 months of service as of a right and two years more service as extended under the Government Policy, which has also bearing on the pensionary benefits of the petitioner. He submitted that on account of the wholly wrong and illegal approach of the respondent, this writ petition has been filed to direct the respondent to extend all the service benefits by treating the date of birth of the petitioner as 06.10.1949 and re-fix the pension and terminal benefits.