MAHESH CHANDRA KHARE Vs. MUNICIPAL COUNCIL BHIND

JUDGEMENT

(1.) The order passed by the learned Writ Court dated 27-4-2012 in W.P. No. 2985/12(S) dismissing the writ petition of the appellant has been assailed by the appellant by filing this writ appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005. Indeed, the matter in dispute is in regard to the date of birth. According to the learned counsel, the correct date of birth of the appellant is 10-11-1955 but incorrectly in the service record, the respondents recorded it as 23-4-1952 and this disparity came into his knowledge only when he received the notice of retirement one year prior to the retirement and, hence, he drew the attention of his employer that his correct date of birth is 10-11-1955 and he may not be retired. However, the request of the appellant was not accepted by the respondents and, therefore, he was constrained to file the writ petition which has been dismissed by the learned Writ Court by the impugned order.

(2.) Learned counsel submits that there is overwhelming record to demonstrate that the correct date of birth of the appellant is 10-11-1955 and in this regard, our attention has been drawn to the school leaving certificate, Annexure P/9 in which the date of birth 10-11-1955 has been mentioned. Thus, according to the learned counsel by allowing this appeal, the impugned order be set aside and the appellant be permitted to serve in the department by treating his age on the basis of date of birth 10-11-1955.

(3.) Considered the submissions of learned counsel for the appellant.