KRISHNANATH FONDU ZULMI Vs. THE STATE OF GOA

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dated 6/7/2004 issued by respondent no.2 and also order dated 30/11/2005 issued by the Executive Engineer, Div -XIII, Kadamba - Plateau pursuant to which the petitioner has been retired/relieved with effect from 30/11/2005. It is the case of the petitioner that he was born on 24/6/1950 and his birth date was registered on 29/6/1963. The petitioner joined the Electricity Department, Government of Goa as "Line man" on 30/07/1974. According to the petitioner, considering his date of birth as 24/6/1950 he ought to have been retired on 30/06/2008. However, he was illegally retired / relieved on 30/11/2005. In support of the petition, the petitioner has relied upon the copy of the birth certificate issued by the Directorate of Planning, Statistics and Evaluation, which discloses that the date of birth of the petitioner is 24/6/1950 and it was registered on 29/6/1963. The petitioner has also relied upon certificate issued by Shree Saraswati Vidyalaya, Divar - Goa, which discloses that the petitioner passed 4th standard in the year 1965.

(2.) ON behalf of the respondent, affidavit has been filed by Mr. Nirmal Braganza, Chief Electrical Engineer. In his affidavit, he has stated that the petitioner was appointed as Helper in the Electricity Department, Government of Goa, vide order dated 23/7/1974 and at the time of his appointment, the petitioner had produced birth certificate No. 1524 issued by Civil Registration Services of Goa, Daman and Diu, wherein the date of birth of the petitioner was recorded as 18/11/1947. He claims that after verification and endorsement in the service book, the same was returned to the petitioner. It is further stated that at the time of joining the service the petitioner had given his date of birth as 18/11/1947 and thereafter the petitioner did not make any application for alteration of date of birth supported by documentary evidence. Reliance has been also placed upon the Note 6(a) of F.R. 56 which mandates that any change in date of birth has to be done within five (5) years of his entry into Government service.

(3.) MR . Bhobe, learned counsel for the petitioner submits that the petitioner has been illegally retired or relieved w.e.f. 30/11/2005 and he was entitled to continue in service till 30/06/2008 and as such is entitled for the monetary and consequential relief's. Mr. Bhobe, learned counsel submits that the contention that the Birth certificate is returned to the petitioner after making entry in Service record as claimed in the affidavit of Mr. Nirmal Braganza, Chief Electrical Engineer, is not correct. The learned counsel further submits that the petitioner's date of birth as 18/11/1947 was wrongly entered by the respondent for which the petitioner cannot be made to suffer and therefore the petitioner is entitled for monetary benefits on account of the wrongful act on the part of the respondent in relieving him from the services.