SHYAM LAL Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioner, Shyam Lal, was appointed as a Safai Karamchari by the Municipal Board, Rampur, respondent No. 3. He is presently posted as Safai Naib (Safai Supervisor). At the time of his appointment, it is said, the petitioner submitted a declaration form (Annexure IV to the petition) declaring his date of birth as May 4, 1929. Apart from this declaration, there was no other proof of his age. Since he had not passed High School or any equivalent examination, there was no certificate recording his date of birth.

(2.) In or about the year 1963, dispute arose regarding the correct date of birth of Class IV employees of whom there was no written record regarding their dates of birth. Respondent No. 1 took a decision that all such Class IV employees be required to appear before the Civil Surgeon, Rampur for medical examination of their age, who in turn was required to certify their age and the age so certified would be the dates of birth of such employees. In pursuance of the said order, the petitioner was also required to appear before the Civil Surgeon, Rampur by a letter dated December 27, 1963 issued by the Municipal Medical Officer (Health), Municipal Board, Rampur, respondent No. 4.

(3.) The petitioner appeared before the Civil Surgeon, Rampur, who, after examining him, gave a certificate certifying his age as about 30 years on December 28, 1963. This date of birth, as certified by the Civil Surgeon, was accepted by the appointing authority as also by the Board and an entry to that effect was made in the service book of the petitioner mentioning his date of birth as December 28, 1933. Thus, any dispute regarding date of birth of the petitioner was fully decided by the competent authority.