RAM DAYAL Vs. DISTRICT INSPECTOR OF SCHOOLS BASTI

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri D. V. Singh, learned Counsel for the petitioner and Sri S. S. Sharma, learned Standing Counsel for the respondents.

(2.) IN the writ petition the order passed by District INspector of Schools dated 24-2-1989 (Annexure-6 to the writ petition) has been challenged whereby treating the date of birth as 31-7-1928 as shown in the manager return, as correct and ignoring the interpolated date of birth 1-1-1938 entered in the service book the petitioner was retired on 31-7-1988. Apart from this, prayer has been made to re-appoint the petitioner to the post of Chaukidar and pay salary and other emoluments from 1985.

(3.) IN (2003)1 UPLBEC 280, Bimlesh Sharma v. Electricity Board, Office of Chief Engineer, U. P. Rajya Vidyut Parishad, Moradabad and others, where date of birth entered in the service book was to be changed by the deceased employee wife when the husband of the writ petitioner had died after retirement by disputing the change of date of birth. This Court has held disputed question of fact cannot be investigated in the writ petition and the date of birth once entered in the service book of the petitioner under U. P. Recruitment to Service (Determination of Date of Birth) Rules, 1974 was treated to be correct supported by the relevant documents and supporting entries in the service book and the change of the date of birth disputing the same on the basis of fitness certificate were not treated to be relevant proof of age and such controversy and disputed question of fact could not be resolved by investigating the authenticity of the documents relied upon by the parties concerned in the writ proceedings.