KISHORE RAM Vs. STATE OF U P

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for following reliefs: -

(2.) Briefly stated the facts of the present case are that the petitioner was engaged as Beldar by respondent no. 4, Nagar Khetra Samiti, Chandauli on daily wage basis in the year 1986. By an order dated 31.7.1992 ( Annexure No. 2), services of the petitioner was regularized on the post of Beldar in Nagar Khetra Samiti, Chandauli in the pay-scale of Rs.750-940. Subsequently, the petitioner submitted a certificate issued by the Chief Medical Officer, Varanasi certifying that the age of the petitioner is 38 years on 3.4.1999. Thereupon a notice dated 29.8.2001 ( Annexure No.3) was issued by respondent no. 3 requiring the petitioner to inform within seven days. Whether he has received education in any institution or not. This notice was replied by the petitioner vide letter dated 4.9.2001 ( Annexure No.4), that the petitioner was regulairzed according to fgs and he has submitted a certificate of age obtained from the Chief Medical Officer, Varanasi. Subsequently, it came to light that during the academic session 1961-62, the petitioner was a student of Class-X in Mahendra Technical Inter College, Chandauli. Under the circumstances, respondent no. 3 sent a letter No.166/u0ia0p0 @2001@dated 12.9.2001 (Annexure CA-2) to the Principal, Mahendra Technical Inter College, Chandauli to verify the date of birth of the petitioner. Thereupon, the Principal, Mahendra Technical Inter College, Chandauli sent a letter dated 5.10.2001 ( Annexure No. CA-3) informing the respondent no. 3, that as per college records, the date of birth of the petitioner is 8.7.1940. Thus, in view of the fact that the petitioner has deliberately suppressed his actual date of birth according to which he attained the age of superannuation on 31.7.2000 and the petitioner fraudulently continued in service by suppression of fact and misrepresentation with regard to his age, the petitioner's service was terminated with immediate effect and recovery of Rs.50,577/- for the period of continuation beyond the age of superannuation from 1.8.2000 was directed vide order dated October, 2001 ( Annexure No. 5). Aggrieved with this order, the petitioner has filed the present writ petition.

(3.) Learned counsel for the petitioner submits that he does not have any matriculation or high school certificates and therefore, he could not submit school leaving certificate of his date of birth. He submitted a certificate obtained from the Chief Medical Officer, Varanasi certifying his age as 38 years as on 3.4.1999 and, therefore, he cannot be said to attain the age of superannuation on 31.7.2000. He further submits that the impugned order is wholly illegal and violative of principles of natural justice. He further submits that he has not played any fraud. He relied on the judgments of Hon'ble Supreme Court in the case of Whirlpool Corporation Versus Registrar of Trade Marks Mumbai, 1999 AIR(SC) 22and G.M. Bharat Cooking Coal Ltd. West Bangal Vs. Shiv Kumar Dushad, 2001 1 UPLBEC 655 and judgment of this Court in the case of Ali Ahmad Vs. U.P. State Electricity Board & Others,2001 1 UPLBEC 543.