PANJAB SINGH GURJAR Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :-

(2.) It is the case of the petitioner that he is an illiterate person and was appointed as a daily wager in the year 1999 and was subsequently classified as permanent employee. It is submitted that the father of the petitioner had submitted a false certificate in which his date of birth was wrongly mentioned and on the basis of the said certificate, the date of birth of the petitioner was recorded in his service rules. As the petitioner raised an objection with regard to the date of birth mentioned in the service record, therefore, he was directed to appear before the Medical Board, who opined that the age of the petitioner appears to be 50 years. However, the date of birth of the petitioner was not corrected in the service record, and accordingly, by the impugned order, it has been directed that the petitioner shall stand retired w.e.f. 31.8.2020. Hence, this petition has been filed challenging the order dated 14-5-2020 (Annexure P/1).

(3.) It is the contention of the Counsel for the petitioner, that earlier his date of birth was recorded on the basis of the certificate produced by the father of the petitioner, but unfortunately in the said certificate, incorrect date of birth of the petitioner was mentioned, and once the department itself had directed the petitioner to appear before the Medical Board, therefore, should not have ignored the findings recorded by the Medical Board and should have corrected the date of birth of the petitioner in the service record.