MAHAVIR PRASAD SONDHIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition was originally filed as Original Application before the M.P. Administrative Tribunal, Jabalpur, challenging the action of respondents in retiring the petitioner with effect from 31.1.2003 vide Annx.A/1, on the ground that the petitioner being an illiterate, was not in a position to declare his date of birth. For the purposes of medical examination, the petitioner was referred to the Chief Medical Officer, Gandhi Memorial Hospital, Rewa, vide memo dated 7.12.1985 and after examination, a certificate was issued in favour of the petitioner by the said authority on 10.7.1985 categorically stating that the petitioner was 35 years of age at that time. That being so, the date of birth of the petitioner should have been corrected in the service roll and he should not have retired prematurely. When the notice was issued to him, he made a representation, but the same was not being considered, therefore, he approached the M.P. Administrative Tribunal by filing the Original Application.

(2.) : After closure of the Tribunal, the petition was transmitted to this Court where it is registered as writ petition. A return has been filed by the respondents and it is contended that in the service record of the petitioner, the date of birth recorded was 11.1.1941, according to which the petitioner has completed 62 years of age in the year 2003 and was rightly given the notice of retirement. This particular list was prepared in the year 2000, which was brought to the notice of all employees and since no objection to this list was raised by the petitioner, it was not open to him to call in question the notice of retirement subsequently issued. In the gradation list, every where the date of birth of the petitioner was recorded and, therefore, at this juncture, it cannot be said that there was any error committed in recording the date of birth of the petitioner in service record. Accordingly, it is contended that the claim made in the petition is misconceived, which is liable to be dismissed.

(3.) : In view of the aforesaid, the writ petition is disposed of with a direction to the respondents to send the petitioner for medical examination before a Medical Board to be constituted at Rewa District Hospital. The said Board will conduct the necessary medical test including the ossification test for verification of the age of the petitioner as on today. A report in this respect be given within two months from today and after receipt of the report, the respondent No.2 will decide the claim of petitioner for ascertainment of his age. If it is found that the petitioner was prematurely retired from service, only because of a folly of not conducting the medical test in appropriate manner, the petitioner be paid 50% of the wages for the period of his employment which was illegally curtailed. The retiral dues of the petitioner be also revised in accordance to the salary which the petitioner would have drawn, had he not been prematurely retired, in case it is found that the petitioner is prematurely retired. The aforesaid exercise be also completed within a period of two months from the date of this order.