BHASKAR @ MADHOBA GOVINDA RADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Lahiri, learned counsel for the petitioner Shri Kothari, learned AGP for respondent No.1 and Shri Mokdam, learned counsel for respondent No.2.

(2.) The short contention raised by Shri Lahiri, learned counsel is that while entering the service itself, the petitioner disclosed that he is known as Bhaskar @ Madhoba, by filing affidavit and also supplied certified copy of certificate of date of birth issued by the office of Collector showing his date of birth as 6.3.1943 with name of child as Madhoba. He states that though the affidavit and date of birth was accepted and the same was accordingly recorded in the service book, however, all of a sudden on 20.7.1999, Respondent No.2 issued an order of his retirement on superannuation retrospectively with effect from 28.2.1999 on the ground that date of birth recorded as 25.7.1940 in his School Leaving Certificate has been treated as final and is accepted. Shri Lahiri, learned counsel contends that employer cannot change recorded date of birth at the fag end of service and in any case without giving any opportunity and holding any enquiry. He further states that in any case, Respondent No.2 could not have ordered retirement retrospectively so as to deny the petitioner his wages for the period from 1.3.1999 till 20.7.1999. He further states that after these events as the petitioner was apprehensive that his terminal benefits would be withheld by the employer, therefore, he continued to make representation to Respondent No.2 but did not approach this Court. He states that after terminal benefits were released to him in 2003, he has approached this Court. He, therefore, seeks necessary consequential reliefs and writ against Respondent No.2 in the matter.

(3.) Shri Mokdam, learned counsel for respondent No.2 states that Respondent No.2 issued several memos to the petitioner calling upon him to submit his School Leaving Certificate and as it was not being submitted, a warning was also issued to him. Ultimately, date of birth as mentioned in School Leaving Certificate has been accepted and the recorded date of birth was corrected and the petitioner was retired on superannuation. He further states that as the recorded date of birth was on the basis of Collector's certificate and School Leaving record revealed that the petitioner is born on 25.7.1940, accordingly, he has been retired on superannuation on reaching the age of 58 years on the basis of School Leaving Certificate. He, therefore, states that there is no merit in the petition and the same needs to be dismissed.