HAKIM SINGH GOND Vs. STATE OF M.P.

JUDGEMENT

(1.) Aggrieved by an order dtd. 4/8/2023 passed by the learned Single Judge in W.P. No.18841 of 2023 in dismissing the writ petitioner's plea challenging the order of rejection of his claim by the respondents for correction of date of birth, the writ petitioner/appellant is in appeal.

(2.) Brief facts leading to this intra-court appeal are that appellant/writ petitioner was appointed as Assistant Teacher by an order dtd. 1/1/1988 and posted at Primary School Majhgawa, District Panna. He was appointed as Warden in the year 1994 and continued on the said post till the date of alleged retirement. A letter was sent by the District Organizer to the Principal, Government Higher Secondary School, Raipura, District Panna seeking verification regarding date of birth of the appellant. The Principal wrote a letter dtd. 17/12/2022 whereby verifying that the date of birth of the appellant is 1/7/1965. The respondent No.4 wrote a letter dtd. 5/1/2023 to the Principal to get the mark-sheet of the appellant verified from the Board of Secondary Education so that further action can be taken. Thereafter, the Principal Raipura wrote a letter dtd. 10/1/2023 to the respondent No.4 mentioning that the Board of Secondary Education has verified the mark-sheet and the date of birth of the appellant has been verified as 1/7/1965. Accordingly, the respondent No.4 sent a letter dtd. 27/1/2023 and 12/4/2023 to the respondent No.2 seeking guidance with regard to correction of date of birth from 1/7/1960 to 1/7/1965. However, by the order dtd. 28/6/2023, the respondent No.4 informed the appellant that in his service book, his date of birth has been mentioned as 1/7/1960, therefore, he would retire from service on 30/6/2022. Thereafter, the additional charge of Warden of Government Tribal Boys Hostel, Fatehpur has been given to one Raviram Patel.

(3.) Feeling aggrieved by the impugned order dtd. 28/6/2023 passed by the respondent No.4 - the District Organizer, Tribal Affairs Department, District Panna in File No.673/Est./2023 (Annexure P-5 to the writ petition), the appellant filed a writ petition under Article 226 of the Constitution of India, which has been dismissed. Hence, the appellant is in appeal.