RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THE question to be decided in this writ petition is as to whether one of the two dates of birth of petitioner as entered in his service book, i. e. , 10-10-1948 was rightly scored off? THE age of retirement of Class of employees to which petitioner belongs is 60 years. According to the petitioner he should have been permitted to continue in service until 10-10-2008, however, he was wrongly retired on 1-8-1998. Original service book was summoned and perused by the Court. Photostat copy of the first page of original service book was directed to be filed by learned standing Counsel who has filed the said photostat copy. On the first page of the service book, certificate issued by C. M. O dated 1-8-1986 was annexed. Photocopy of the said certificate has also been filed. THEse two copies have also been filed alongwith other affidavits. THE certificate was issued under Rule 10 of Fundamental Rules on the proforma given thereunder. THE title of the certificate was Certificate of Fitness for Government servants. In the certificate which was on the printed proforma as prescribed by Rule 10 of Fundamental Rules, the last sentence is to the following effect. THE candidates age according to his own statement is 48 years and by appearance about forty eight years.

(3.) IN this writ petition, I passed an order on 2-4-2003 (on separate sheet ). Through the said order, I directed the Executive Engineer U. P. P. W. D. , Allahabad to decide the question as to what was the position of entry of date of birth in the service book when it was prepared and who scored off the figure 10-10-1948 and under what circumstances. Thereafter, enquiry was conducted and copy of enquiry report was filed alongwith supplementary affidavit sworn on 23-10-2003. The enquiry report runs into 18 pages, each page containing about 35 lines. Enquiry report bears the date 28-6-2003 and signatures of Executive Engineer Provincial Division P. W. D. , Allahabad.