TALUK PRASAD TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition the petitioner has challenged the order of his superannuation dated 26-11-1988 whereby be was to retire after completing the age of 58 years on 31-12-1989, and has prayed for the relief for quashing the said order, allowing him to continue in service uptill 31-8-1990, and also the benefits, as may be available to him.

(2.) AFTER having received the aforesaid notice dated 26-11-1988, the petitioner represented to the Deputy Inspector General of Police (Karmik). Respondent no. 2, that his date of birth, according to the High School Certificate, was 1-9-1932 and not 30-12-1930, and under the U. P. Recruitment to Services (Determination of Date of Birth) Rules, 1974, his date of birth, for the purposes of superannuation, had to be taken as recorded in the High School Certificate, as he passed the High School Examination prior to his recruitment in the Civil Police Service as constable The petitioner's representation was rejected by the Deputy Inspector General of Police (Karmik) on 4-11-1989 without taking into consideration the aforesaid Rules, under which the date of birth of the petitioner has to be taken as contained in the High School Certificate. The ground for rejection was that the petitioner did not raise any objections earlier that his date of birth as recorded in the Service Book was not correct. In the service book his date of birth was recorded as 30-12-1930.

(3.) IN view of this, the petitioner's date of birth has to be treated as the date of birth as mentioned in the High School Certificate. The date of birth as mentioned in the High School Certificate is not denied, nor it is the case of the respondent that the petitioner did not pass the High School Examination or the certificate produced by him is not genuine.