BRAJVIR JHA Vs. U P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition, counter affidavit has been filed. Both the learned counsel are agreed that the writ petition may be disposed of finally at this stage.

(2.) FACTS giving rise to this writ petition are that the petitioner was appointed as Junior Electrician by order dated 3rd September, 1962. Order of appointment has been filed as Annexutre-1 to the writ petition. This order required petitioner to bring a medical fitness certificate and authentic proof of age. In pursuance of this direction, petitioner got himself medically examined on 4th September, 1962 and submitted a medical certificate before the appointing authority, wherein his approximate age was shown as 26 years. On the basis of the aforesaid medical certificate, which is Annexure-2 to the writ petition, the date of birth of the petitioner mentioned in the service record was 3rd July, 1935. On the basis of the petitioner's continuing in Service of Board, be was promoted as Cable Nointer on which post he was presently serving. By order dated 1st December, 1992. Annexure-4 to the writ petition, petitioner was intimated that he is going to retire on 31st July, 1993 on the basis of his date of birth 3rd July, 1935 and he must complete the formalities with regard to retirement. On receipt of this order petitioner filed a representation disputing the correctness of the date of birth. However when no action was taken, he filed a writ petition in this Court which was disposed of finally on 6th April, 1993 with a direction to respondent no. 3 to consider the representation of the petitioner and to decide the same by a reasoned order and in case the representation is accepted the date of birth may be corrected. The order of this Court is Annexure- 7 to the writ petition The petitioner filed his representation dated 12th April, 1993 along with copy of the order of this Court. The contention of the petitioner was that he joined services on 4th September, 1992 and he filed a medical certificate as proof of his age and as in the medical certificate he was shown of 26 years of age, the date of birth in the service book should have been 3rd September, 1936 and on the basis of this, petitioner is entitled to continue upto September, 1994. The representation of the petitioner, however, has been rejected by order dated 11th May, 1993 on the sole ground that in view of the Government Order dated 30rh June, 1975 no representation whatsoever can be entertained for correction of the date of birth shown in the service record. In fact the order dated 30th Jane, 1975 is an order by the U. P. State Electricity Board by which it has made applicable the provisions of U. P. Recruitment to Services (Determination of Date of Birth) Rules, 1974, here-in-after referred to as 'Rules', to the employees of the Board also. The order dated 30th June, 1975 has been filed as Annexure-XV to the counter affidavit. A counter affidavit it has been filed resisting (he claim of petitioner.

(3.) LEARNED counsel has further submitted that the order dated 30th June, 1975 and the Rules of 1974 could have only prospective application. They could not be made applicable so far as the date of birth mentioned prior to enforcement of the Rules are concerned. It has been further submitted that the impugned order dated 11th May, 1993 is arbitrary and illegal as claim of petitioner has not been considered on merits.