JAG PAL SINGH Vs. MANAGING DIRECTOR KESCO KANPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ayank Mishra, learned counsel appearing for Kanpur Electricity Supply Company, Kanpur Nagar. It transpires from the record that the petitioner was appointed as Class IV employee on the post of Coolie on 1.10.1974. The date of birth of the petitioner i.e. 3.9.1949 was recorded in the service record, however, due to oversight and mistake, in the other documents of the respondent-company, the date of birth was reflected as 28.5.1955, as such, the petitioner was allowed to continue till 13.5.2011 instead of retiring on 30.9.2009.

(2.) The petitioner has approached this Court assailing the order dated 13.5.2011 passed by the Executive Engineer, Urban Electricity Supply Division (F & R) Sarvodaya Nagar, KESO, Kanpur, respondent No. 3 treating the date of birth of the petitioner as 3.9.1949 thus retiring the petitioner w.e.f. 30.9.2009, the salary paid is sought to be recovered from the gratuity and other retiral dues for the period, the petitioner worked beyond 30.9.2009 till 13.5.2011.

(3.) Submission of learned counsel for the petitioner is that as per 'Parivar Register', petitioner's date of birth is 28.5.1955, hence the petitioner would retire in 2015, further, petitioner is an illiterate Class IV employee, hence, no recovery should be made from the petitioner for the period of service the petitioner rendered beyond September 200' there is no fraud or misrepresentation on the part of the petitioner.