INDRASAN SINGH Vs. S P

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 24.12.1982 passed by Superintendent of Police, Bahraich as contained in Annexure-1 to the writ petition and for issue of a mandamus commanding the opposite parties not to make the premature retirement of the petitioner.

(2.) The case of the petitioner, in short, is that his date of birth is 1.6.1929 and he was always under the impression that his said date of birth has been entered in his service record but suddenly he was served with the impugned order on 24.12.1982 to get his pension papers prepared. He has further averred that he did never furnish any information about his date of birth being 21.2.1925 and was also never informed as to how the said date was recorded in official papers as his date of birth. He has further alleged that he had passed vernacular final examination in the year 1944 and in the Official Gazette publishing his result as also in his certificate his date of birth is recorded as 1.6.1929. The petitioner has expressed his apprehension about manipulation with regard to his date of birth having been made in official records by some Departmental officials with a view to harm him.

(3.) The respondents, in their counter-affidavit, have alleged that the petitioner at the time of entering into service had given out his date of birth as 21.2.1925 and he did not produce his vernacular examination certificate as evidence of his date of birth.