MUSAFIR RAM Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) N. L. Ganguly, J. The petitioner was a confirmed Class IV employee in the Benaras Hindu University. He started working in service since 1946. He was not High School passed at the time of joining of the service. The Engineer of the University of Public Works Department by a letter, dated 29-10-1971 asked the petitioner and other ten Class IV employees working in the depart ment to furnish the High School certificate in original along with an attested copy or any other educational qualification certificate furnishing the correct date of birth for record of the Kul Sachiv Prashasan. It was also stated in the said letter that in case it was not possible to furnish the educational certificate the explanation for inability of furnishing the same may be stated so that the age may be determined by the Chief Medical Officer, Banaras Hindu University. Again another letter dated 17-11-1973 was sent by the Deputy Registrar (Admn) to the petitioner and five other persons asking them to furnish the certificate of age In case they do not submit the age certificate, a Medical Board would be constituted for the purposes of determining the age. The petitioner, since was not High School pass nor had any educational certificate from any institutions, was sent before the Medical Board for examin ation in order to ascertain the correct age. The Medical Board determined the age of the petitioner as on 4-1-1974, to be 46 years.

(2.) THUS on calculation as per the age determined by the Medical Board the petitioner's date of birth would be 4-1-1928. The communication of age, as determined by the Medical Board, was sent by the Registrar (Admn) to the petitioner, which has also been annexed as Annexure-4 to the writ petition. The petitioner received a letter from the University Engineer, Banaras Hindu University dated 19/20-3-1984, by which the petitioner was said to reach the age of superannuation on 13-9-1984. A copy of the said letter is annexed as Annexure-5 to the writ petition. The University Engineer by letter dated 27-9-1984, wrote to the President of the non-teaching Association of the Banaras Hindu University that the service book of the petitioner was recovered and has been sent to the Deputy Registrar (Admn) with the office letter dated 2-7-1983. It is admitted that according to Order 11, of the Ordinance govern ing the terms and conditions of services of all the employees other than teachers i. e. Class IV the age of superannuation is 60 years. Since the peti tioner was retired by the respondents w. e. f. 13-9-1984, the petitioner under mistaken legal advice filed a civil suit before the Munsiff's Court, Varanasi seeking injunction not to retire the petitioner. The said suit was withdrawn and the present writ petition has been filed before this court for quashing the order of retirement passed by the letter dated 19/20-3- 1984. Annexure-5 to the writ petition.