SHYAM LAL Vs. STATE OF UTTARANCHAL & ORS.

JUDGEMENT

(1.) BY the present writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of certiorari quashing the impugned order/notice dated 30-5-2003 (Annexure-3 to the writ petition) by which the petitioner has been directed to retire in the forenoon of 31st October, 2003.

(2.) BRIEF facts given rise to the writ petition are that the petitioner was appointed on 17th October, 1972 on the post of Operator in work charge establishment, Irrigation Department, Dakpatathar. At the time of appointment, the petitioner was working on the post of Pump Operator.

(3.) ACCORDING to the case of the petitioner, prior to 1979, the service-book was not prepared and, as such, the date of birth was not mentioned in the service book. On coming to know the aforesaid defect in the service record, the petitioner has moved an application on 8th March, 2002 and 27th July, 2002 praying for the correction in the date of birth. Again the petitioner has moved an application on 6th May, 2003 regarding correction on the date of birth annexing the certificate obtained from Primary Education as having passed Class-V. The date of birth in the School Leaving Certificate was shown as 5th July, 1947.