SIYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.K. Dwivedi, learned counsel for petitioner, Sri Pankaj Patel, learned Additional Chief Standing Counsel and perused the record. By means of the present writ petition, the petitioner has challenged the impugned retirement notice dated 20.1.2012 issued by Executive Engineer, Barabanki Prakhand, Sharda Canal, Barabanki by which the petitioner is sought to retire from service w.e.f. 31.8.2012 on the ground that he has attained the age of superannuation of 60 yeas as his date of birth is recorded as 27.8.1952 in the service book.

(2.) Learned counsel for petitioner while challenging the impugned notice submits that the petitioner was initially engaged/appointed on the post of Beldar on 16.9.1973 and at the time of entering into service, he was High School failed and as a matter of fact on record, he has shown the transfer certificate issued by the institution concerned in which he has studied, namely, Seth Jai Dayal Inter College, Biswan Sitapur in which the date of birth of the petitioner was mentioned as 1.7.1953. However, ignoring the said fact, the date of birth of the petitioner in the service book was mentioned as 27.8.1952.

(3.) He further submits that the said fact had come to the knowledge of the petitioner in the year 2006 when a seniority list has been issued in respect to the persons who are working on the post of Beldar under Executive Engineer, Barabanki Prakhand, Sharda Canal, Barabanki in order to regularize their services. For the first time, came to know the fact that his death of birth is wrongly recorded in the service book as 27.8.1952 instead of 01.7.1953, the petitioner raised his grievance in that respect tot the authority concerned and keeping in view the said fact, the Superintending Engineer, VII Manda, Irrigation Department, Lucknow/O.P. No. 4 wrote a letter to the O.P. No. 5 dated 26.12.2006 in respect to the said fact. Thereafter, the petitioner continuously pursuing his case for correction of the date of birth and in support of his case, he has give a transfer certificate issued by the institution in which he has studied, namely, Seth Jai Dayal Inter College, Biswan Sitapur as well as the mark-sheet of High School of the year 1972 in which he has failed, but no heed has been paid in the matter in question and in the meantime the O.P. No. 5 has issued the impugned notice by virtue of which the petitioner has to retire from services on 31.8.2012 on the ground that he has attained the age of 60 years as his death of beard mentioned in the services book is 27.8.1952.