LAWS(CHH)-2019-1-37

MOHIT RAM Vs. STATE OF CHHATTISGARH

Decided On January 04, 2019
MOHIT RAM Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The Writ Petition was originally filed by Mohit Ram (hereinafter referred as the deceased employee ) who was aggrieved of his being retired " " from service 10 years ahead on account of some tampering/interpolation of his date of birth in the service book.

(2.) During the pendency of the Writ Petition, the deceased employee expired on 08/03/2015 subsequent to which the present petitioners have been substituted as his legal heirs to pursue further with the Writ Petition.

(3.) The brief facts relevant for adjudication of the instant Writ Petition is that, the husband of the petitioner No. 1-A and the father of the petitioners No. 1-B to 1-D was appointed as a permanent labour (Gangman) at the Sub Division No.2 of the Public Works Department, Bilaspur Division, Bilaspur. The initial appointment was of the year 1976. At the time of appointment when the service book was prepared, the year of birth of the deceased employee was recorded as 1957. He continuously worked with the department accepting his date of birth as 1957. Accepting 1957 as the year of birth, the deceased employee would have otherwise retired from service only in the year 2019 i.e. he would have still been in employment had he not been expired and had he not been pre-maturely retired by the department.