SHANTI PRASAD GOEL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) According to the petitioner he was appointed as a Cashier in Punjab National Bank Rampur by the Treasurer of the Bank The petitioner on 12-10-1983 was intimated by the Bank that his date of birth as recorded in his service record was 20-12-1923 and thus he will retire from service on 31-12- 1983. T he petitioner in this writ petition has however, contended that in the High School Certificate his date of birth has been recorded as 1-7-1927 and thus, the order passed by the respondents dated 12-10-1983 asking the petitioner to retire from the service on 31-12-1983, is liable to be quashed.

(2.) It may be stated that at the time of the admission of the writ petition, a Bench of this Court directed the respondents not to give effect to the impugned order Dt. 15-12-1983 which means that the petitioner was allowed to continue in service under the interim order of this Court Dt. 22-12-1983. It, however, appears that at the time of the final disposal of the stay application the interim-order passed by this C writ on 22-12-1983 was vacated. Sri K.L. Grover, appearing for respondent No. 1, Punjab National Bank, has, however, given an undertaking that in the event of the writ petition being allowed all the salary and allowances due to the petitioner which would have been payable to him if he had continued in service till retirement, shall be paid to the petitioner. It is therefore, clear that the petitioner was made to retire subject to the aforesaid undertaking given by the learned counsel appearing on behalf of Punjab National Bank.

(3.) The only question which arises for determination in this writ petition is as to whether the correct date of birth, in so far as the petitioner is concerned, is 20-12-1923 as contended by the respondent-Bank, or 1-7-1927 as alleged by the petitioner on the basis of the birth date as has been recorded in the High School Certificate of the petitioner.