PHOOL CHAND RATHORE Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for quashing order dated 29-11-1999 (Annexure P-3) by which the petitioner has been retired from service.

(2.) IT is not in dispute that the petitioner was appointed as Driver in the Municipal Council, Betul by order dated 12-12-1957. His date of birth as recorded in the service book was 14-2-1944. A complaint was received against him in the year 1997 that his actual date of birth is 16-2-1940. A photo-copy of his transfer certificate obtained from Gandhi Primary School, Tikari was also enclosed with the complaint which certified the date of birth of the petitioner as 16-2-1940. A copy of this certificate is Annexure R/1-C. By letter dated 8-10-1997, the Chief Municipal Officer asked the petitioner to produce his school certificate. The petitioner did not do so. He was again directed by the letter dated 23-8-1999 to produce the certificate but the petitioner did not comply with it. The Chief Municipal Officer then wrote to the Head Master of the Gandhi Primary School for verification of the date of birth of the petitioner. The Head Master sent the reply on 9-9-1999 and that is Annexure R/1-G. According to this letter, petitioner Phoolchand was a student of this school from 1-4-1946 to 31-3-1951 and his date of birth as per school record is 16-2- 1940. Again a show-cause notice was given to the petitioner on 7-10-1999 stating therein that the Head Master of the School has certified his date of birth as mentioned in the photo-copy of the transfer certificate. The petitioner did not submit any reply to this show-cause notice also. His date of birth in the service book was corrected as 16-2-1940 in place of 14-2-1944 and the petitioner was retired on 29-2-2000.

(3.) THE petitioner's case is that the date of birth recorded in the service-book was final and it could not be corrected in the year 1999.