SHIV NARAYAN UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) THE brief facts of the case are that the petitioner joined the service as a Runner, which is a Class IV post, under the Executive Engineer, Sharda Sahayak Khand, Jaunpur on 2.1.1972. He had passed Class V from Primary School, Mahul, Azamgarh and his date of birth, as mentioned in the school's record, is 1.9.1939. A photo copy of the school leaving certificate issued by the Head Master and counter - signed by the Upper Vidyalaya Up -Nirikshak (Sub -Deputy Inspector of Schools) has been appended as Annexure -1 to the writ petition.

(2.) ACCORDING to the date of birth, as recorded in the service book of the petitioner, respondent No. 2 has arbitrarily passed an order, dated 31.1.1991 to the effect that the petitioner had completed his age of superannuation on 30.9.1990. It is alleged by the petitioner that before passing of this arbitrary order, he was not given any opportunity or notice and as such, the impugned order, dated 31.1.1991, passed by respondent No. 2 is illegal and he has been prematurely retired 9 years earlier. He has further stated that three months' salary said to have been given to him, had been never paid and as such the same cannot be adjusted.

(3.) THIS Court, by order, dated 29.7.2002 directed that standing counsel to produce the original service book of the petitioner before the Court on 20.8.2002 as it was contended by the learned counsel for the petitioner that the date of birth recorded in the service book of the petitioner is 1939. The service book was not produced by the standing counsel on 20.8.2002 and the case was again listed on 5.9.2002. On this date, the standing counsel prayed that the case may be taken up on the next date to enable him to produce the service book. When the case was taken up on 6.9.2002, as prayed by the standing counsel, a prayer was again made for listing of the case in the next cause list. Following order was passed by the Court on the said date :