NARAYAN KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition is filed being aggrieved by the order dated 10.7.2017 issued by respondent/department whereby, it is intimated to the petitioner that he will be retiring on completion of 62 years of age w.e.f 30.9.2017.

(2.) Contention of the petitioner is that his date of birth is 12.9.1961 and he will be prematurely retired by the impugned order. It is submitted by counsel for the petitioner that the petitioner is illiterate therefore, at the time of regularization of the petitioner, his case was referred to Chief Medical and Health Officer, Gwalior MHO on 11.4.1991 and CMHO after checking up, has found the age of petitioner to be 30 years on 11.4.1991. He has also filed a copy of Janmpatri with the writ petition wherein, the year of his birth is recorded as 1961. He has further argued that the petitioner was under impression that as the medical check up was got done by CMHO, therefore, his age recorded in the service book might have been corrected by the authorities as no objection of any kind was made by the concerned regarding wrong entry of date of birth during service tenure of the petitioner. Thus, he prays for quashment of annexure P/1 with further direction to the respondents to pay salary to the petitioner since January, 2017 onwards. He further moved an amendment application pointing out that his post retiral benefits have not been finalized till date and he has not been paid single penny.

(3.) Per contra, learned Government Advocate has denied the arguments of the petitioner's counsel and has stated that the date of birth of the petitioner is 4.9.1954. He has submitted an affidavit at the time of his appointment in the department on 7.6.1991. Copy of the affidavit is filed as Annexure R/1.