RATAN SINGH Vs. GOVERNMENT OF M.P.

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition for issuance of an appropriate writ, order or direction directing the respondents to continue in service upto the age of 62 years by treating his date of birth as 16 -5 -1962. Contention of the petitioner is that he was appointed on 23 -9 -1981 on the post of Lower Division Teacher and the requirement for the post was Higher Secondary School Certificate Examination. Petitioner has further stated that he has passed Higher Secondary School Certificate Examination in March, 1980 and a Certificate was submitted to the employer in respect of his educational qualification. The employer after verifying his certificate has appointed the petitioner as a Lower Division Teacher. It has been further stated that in his service book 15 -5 -1952 was erroneously entered as his date of birth, and at the same time, 15 -5 -1962 was also entered in Devnagri lipi as date of birth, however, 1962 was scored out later on and in place of 1962, 1952 was inserted. It has been further stated that in Part II of the Service Book, the date of birth recorded is 15 -5 -1962 and, therefore, the same deserves to be corrected. Petitioner has further stated that the moment the incorrect entry made in the service book and interpolation in the service book came to his knowledge, he has immediately protested in the matter by submitting Higher Secondary School Mark Sheet, Scholar Certificate and details of the Family, duly certified by the Block Education Officer.

(2.) THIS Court, in order to find out whether the respondents have retired the petitioner on the basis of correct date of birth or not and in order to find out what is the date of birth mentioned in the service record, has summoned the original service book and Mr. S.K. Warshney, Block Education Officer is present along with the original record. The service book reveals that 15 -5 -1952 has been mentioned as date of birth of the petitioner in numericals and in Devnagri lipi 15 -5 -1962 has been mentioned, however, 1962 has been scored out and 1952 has been again written below 1962, meaning thereby, there is certainly a correction in the personal details of the petitioner in respect of the date of birth. The original certificate in respect of the Higher Secondary School Certificate Examination 1980 was also produced bearing No. 184527 and it has been argued that date of birth mentioned in the original certificate is 15 -5 -1962. This Court has very carefully perused the aforesaid certificate. 15 and 1962 are very blurred and, therefore, the certificate requires verification from the Board of Secondary Education, M.P. Bhopal. The other documents which have been filed by the petitioner i.e., Driving Licence, Aadhar Card, PAN Card, School Leaving Certificate do mention 15 -5 -1962 as date of birth.

(3.) ACCORDINGLY , the present Writ Petition is disposed of with the following directions :