RAM CHANDRA MISRA Vs. STATE OF U P

JUDGEMENT

(1.) NARAYAN Shukla, J. Heard Mr. S. K. Tiwari, learned Counsel for the petitioner as well as the learned Standing Counsel for the respondents.

(2.) BY means of the present writ petition the petitioner has prayed for issuing a writ of certiorari thereby quashing the impugned order dated 22-3-2006, annexed as Annexure 1 to the writ petition, whereby the petitioner has been directed to submit his High School certificate to ascertain his date of birth as according to the establishment register available in the office of the Chief Medical Officer the date of his retirement is 31-3- 2006 and if he fails to submit the same he shall be retired by 31st March, 2006.

(3.) LEARNED Counsel for the petitioner refers the U. P. Recruitment to Services Determination of Date of Birth Rules, 1974, which is reproduced hereunder: "1. (1) Short title and commencement.-These Rules may be called the Uttar Pradesh Recruitment to Services Determination of Date of Birth Rules, 1974. (2) They shall come into force at once. 2. Determination of correct date of birth or age.-The date of birth of a Government servant as recorded in the certificate of his having passed the High School or equivalent examination or where a Government servant has not passed any such examination as aforesaid, the date of birth or the age recorded in his service book at the time of his entry into Government Service, shall be deemed to be his correct date of birth or age, as the case may be for all purposes in relation to his service, including eligibility for promotion superannuation, premature retirement or retirement benefits and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever. 3. Overriding effect.-These Rules shall have effect, notwithstanding anything contrary contained in the relevant service rules or orders. FIRST AMENDMENT RULES, 1980 The U. P. Recruitment to Services Determination of Date of Birth, First Amendment Rules, 1980, indicates that in case an employee has not passed his High School or equivalent examination when he joined the service and passes such examination after he joined the services in that even the age indicated by the employee at the time of joining his service which was entered in service book would be the date of birth for the relevant determination of promotion, superannuation premature retirement or retirement benefit. In case an employee has passed High School Examination and thereafter he joins service, in that event the date of birth entered in the High School Certificate shall be determined and no application for correction of the same can be entertained. "