LAWS(ALL)-2022-11-125

SUBHRAMANIYAM Vs. STATE OF U. P.

Decided On November 02, 2022
Subhramaniyam Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Shailendra, learned Senior Advocate assisted by Sri Abhiuday Mehrotra, learned counsel for the petitioner and Sri Mani Shanker Mishra, Advocate holding brief of Sri Ved Byas Mishra, learned counsel for the respondents.

(2.) The petitioner has challenged the notice of retirement dtd. 28/5/2021 communicating to him the date of his retirement as 30/9/2021, treating his date of birth as 4/9/1961.

(3.) It is the case of the petitioner that he was initially engaged as a daily wage employee/Peon at the Ghaziabad Office of U.P Scheduled Caste Finance and Development Corporation Limited. Later on, his appointment was made regular as per the Class-IV Employees Service Rules, 1975. At the time of his entry into service his date of birth was recorded as 4/9/1961. However, the petitioner had passed his High School in the year 1980 and when he was appointed in the year 1982, he did not posses the pass certificate, he only possesed the mark sheet of having passed High School. He received his High School pass certificate on 21/3/1991 which showed his date of birth as 6/11/1964. The petitioner was subsequently promoted as a Class-III employee on 30/8/1997 and at the time of his promotion he submitted a copy of his High School Certificate which he had received from the U.P. High School and Intermediate Education Board in the year 1991.