DILIP KUMAR PARMAR Vs. MUNICIPAL COUNCIL & ANOTHER

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Appellant was employee of Municipal Council, Badnawar. He was appointed originally in the Municipal Council, Dhamnod somewhere in the year 1982. After sometime, his service has been transferred to the Municipal Council, Badnawar. In the service book, his date of birth was recorded as 21.02.1958 on the basis of declaration made by the appellant while entering into service in the year 1982. The said date of birth was recorded on the basis of higher secondary mark sheet. The appellant had continued in service for more than three decades but had not raised any issue regarding correction of date of birth in service record. He was due for retirement on 28.02.2018 and just 10 days before his retirement, he had filed an application on 20.02.2018 for correction of date of birth and the respondent No.1 within three days i.e. on 23.02.2018 had passed a resolution for correcting the date of birth without considering the legal position and without even looking at the material on the basis of which the original entry in the service book was made.

(3.) As per record, appellant is higher secondary pass and the entry of date of birth of 21.02.1958 was apparently made in the service record on the basis of higher secondary mark sheet. On 20.02.2018 (Annexure-P/2), he filed an application before the Municipal Council, Badnawar for correction of date of birth in the service record on the basis of primary school record and horoscope. He had neither disclosed higher secondary mark sheet nor he had filed it along with the application. Within a period of three days, the President-In-Council of respondent No.1 of Municipal Council passed a resolution on 23.02.2018 and by the aforesaid resolution, his date of birth has been changed from 21.02.1958 to 21.07.1958 but instead of giving effect to the said resolution, order dated 24.02.2018 has been passed by the Chief Municipal Officer, Municipal Council, Badnawar by which appellant has been retired from the post of Assistant Grade-II w.e.f. 28.02.2018, on completion of 60 years of age of superannuation.