NALANI RANJAN VIDYARTHI Vs. CHAIRMAN, LIFE INSURANCE CORPORATION OF INDIA, CENTRAL OFFICE, BOMBAY AND ORS.

JUDGEMENT

(1.) Petitioner, who joined Life Insurance Corporation of India (herein referred to as L.I.C.) in 1962 as Field Officer, has by means of this writ petition challenged the order of his retirement dated 18-12-1989, treating 23-9-1912 as his date of birth Petitioner, on the other hand, says that his date of birth is 23-9-1935, which was mentioned in his application for appointment submitted in 1962 before L.L.C. and is also entered in the High School certificate issued by the Board of High School and Intermediate Education U.P. Allahabad (hereinafter referred to as Board).

(2.) The Respondents have filed counter-affidavit and the Petitioner filed rejoinder-affidavit in reply thereto. I have heard learned Counsel for parties and the writ petition is being disposed of in accordance with the Rules of the Court.

(3.) Grievance of the Petitioner is that he has been retired after changing his date of birth without giving him any reasonable opportunity of being heard and in any case 23-9-1935, being the date of birth entered in the High School certificate issued by the board, cannot be changed by the Respondents and the retirement, as such, is illegal and without authority of law. Learned Counsel for the Respondents, on the other hand, argued that (i) the Petitioner was given an opportunity of being heard, (ii) entry of date of birth in the High School certificate cannot be relied upon in absence of any other evidence and (iii) Petitioner being workman has alternative remedy before Labour Court.