MAYARAM Vs. COLLECTOR, WASHIM

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) The petitioner-in-person in the present petition has challenged concurrent orders passed by the respondent No.1 - Collector and the respondent No.4 - Divisional Commissioner, whereby an order passed by the respondent No.2 - Chief Officer, treating the date of birth of the petitioner as 14/07/1948, has been set aside and it has been held that the date of birth of the petitioner was 14/07/1946, thereby, holding that he stood correctly retired w.e.f. 31/07/2004. The principal contention raised by the petitioner is that his date of birth could not have been changed to his detriment at the fag end of his service career and that the rule applying to the employee to seek change in date of birth within five years of joining service, equally applied to the employer.

(3.) The petitioner was appointed as Octroi Inspector with the respondent No.3 - Municipal Council, Karanja (Lad), District Washim. In the service book, his date of birth was recorded as 14/07/1948. On the basis of the said date of birth, he was supposed to retire from service on 31/07/2006. The Chief Officer of the Municipal Council issued communications dtd. 26/05/2005, 07/06/2005 and 17/06/2005, to the petitioner to submit cogent proof about his date of birth being 14/07/1948, as doubts arose about the genuineness of the said claim.