SYED ZAKIR ALI Vs. DISTRICT MAGISTRATE BANDA

JUDGEMENT

(1.) The Petitioner has prayed in this writ petition for a direction upon the Respondents not to retire the Petitioner on 30th of November, 1993 and for quashing of the impugned order dated 15th November 1993, being Annexure '4' to the writ petition, by which the Petitioner was retired on 30th November, 1993.

(2.) The Petitioner's case was that he was appointed in the post of Clerk on 30th May, 1956 in the Collectorate at Banda. The date of birth of the Petitioner was 1st of December, 1938, as recorded in the High School Certificate issued by the Board of High School and Intermediate Education, U.P. for the year 1953. Accordingly, he was due to retire on attainment of 58 years of age in the year 1996 but he was asked to retire by letter dated 15th November, 1993 with effect from 30th November, 1993 being Annexure '4' to the writ petition. It is against this order the Petitioner has moved this writ petition.

(3.) In the counter-affidavit, it has been contended that the date of birth as recorded in the Service Book as on 1st December, 1938 was corrected as on 1st December, 1935 by D.O. No. 4741/2-31/61, dated 7th June, 1962 and that the said correction was duly acknowledged by the Petitioner who had endorsed his signature. Accordingly he was liable to retire on 30th November, 1993. The relevant copy of the correction made in the Service Book is Annexure 'CA-1'. Even in the seniority lists being Annexure 'CA-4' and 'CA-5', the date of birth of the Petitioner was shown as on 1st December, 1935 but he had not challenged the same. in the Provident Fund Record, his date of Birth was entered as 1st December, 1935. It is further contended that the Petitioner was not appointed on 30th May, 1956 but he was appointed on 15th May, 1953 which is apparent from the Service Book which is annexed as Annexure '6' to the writ petition. It is further contended that if his date of birth is treated to be 1st December, 1938, he would have been 15 years of age at the time of his initial appointment. He was aware of the correction in the date of birth as recorded in the Service Book as he was posted as General Clerk and Bill Clerk and was supposed to maintain the Service Book of the entire establishment of the Collectorate. But he did not raise the said question until on the eve of his retirement.