C S PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner seeks determination of his date of birth to the extent that the date of birth of the petitioner is 20-10-1939. However, treating the date of birth of the petitioner as 20-10-1937, the petitioner was prematurely retired on 31-10-1997. Further, a direction to the respondent authorities to settle the pension of the petitioner, accordingly.

(2.) The facts, in brief, as projected by the petitioner, are that the petitioner has completed his primary education, i.e., Class IV in the year 1951. The date of birth recorded in the primary school certificate dated 12-3-1959 was 22-10-1939, and as such, in the college leaving certificate issued by the Principal, Government College, the date of birth was shown as 22-10-1939 (Annexure P-2).The service book (Annexure P-3) also shows the date of birth of the petitioner, as 22-10-1939. Despite the above stated facts, the petitioner has been retired from his service w.e.f. 31-10-1997. Even in the seniority list of Lecturers as on 1-4-1995, the date of birth of the petitioner is shown as 22-10-1939.

(3.) On the other hand, learned Counsel appearing for the respondent/ State submits that the entry made in the service book was initially 22-10-1937, thereafter, it appears that it has been manipulated, as nothing is clear from the service book.