VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed praying for a writ of certtorari to quash the impugned order dated 5.1.2000 Annexure-1 to the writ petition and for a mandamus directing the respondents to treat the petitioner's date of birth as 6.7.1948 Instead of 6.7.1942 for the purpose of superannuation and hence not to retire the petitioner from 31.7.2000

(2.) Heard learned counsel for the parties.

(3.) The petitioner is working as an Executive Engineer in the Irrigation Department in the State of U. P. When he entered in service, his date of birth as recorded in the High School Certificate was 6.7.1942. However, he filed a civil suit being O.S. Wo. 63 of 1994. Virendra Singh v. State of U. P., before the Civil Judge, Roorki. district Hardwar and that suit was decreed and it was directed that his date of birth should be treated as 6.7.1948. True copy of the judgment of the learned Civil Judge is Annexure-2 to the writ petition. Against that Judgment. the respondent filed an appeal being Appeal No. 1 of 1995 which was dismissed by the learned Additional District Judge vide Annexure-3 to the writ petition. Against that judgment, a second appeal was filed in this Court along with an application under Section 5 of the Limitation Act and it is stated in paragraph 9 of the writ petition that judgment has been reserved on 31.8.1999 in that case. However, no stay order was passed by this Court against the Judgment of the learned Additional District Judge.