MEHAK SINGH Vs. U P STATE

JUDGEMENT

(1.) D. K. Seth, J. After the amendment is allowed, Mr. K. R. Singh, learned Stand ing Counsel submits that he is not re quired to file any counter-affidavit in respect of the amended pleading and the writ petition can be disposed of on the basis of the material before the Court to which Mr. W. H. Khan learned Counsel for the petitioner has no objection. By con sent of the parties, the matter was taken up for hearing. Both the learned Counsel had addressed the Court on the merits.

(2.) THE petitioner contends that he was asked to retire on 30th June, 1996 by a notice dated 12th November, 1997 (An-nexure 4), on the basis of his date of birth as 1st July, 1940 recorded in his service book. Petitioner alleges that he had passed Junior High School Examination in 1957 and High School Examination in 1959. THE date of birth of the pettier has been recorded as 15th July, 1943 in the certifi cate of High School Examination. THEre fore, he had made an application on 14th November, 1997 for correction of the date of birth recorded in his service record, but the same has not been accepted. Hence this writ petition.

(3.) MR. W. H. Khan then contends that the dale of birth appearing in the High School certificate should be recorded in the service book by reason of Rule 2 of the Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974. He contends that since the date of birth recorded in the service book is 1st July, 1940, therefore, the service record should have been corrected in pursuance to his application dated 14th November, 1997 and he cannot be asked to retire on the basis of his date of birth as on 1st July, 1940. Therefore, the writ petition should be allowed and the petitioner should be allowed to continue till the date of super annuation on the basis of the date of birth as on 15th July, 1943.