ABDUL HAQU Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution filed by the petitioner for issuance of a Writ in the nature of Mandamus for quashing the Order No.F/104/84 dated 6.3.84 directing the petitioner herein to retire from the afternoon of 30.4.84. This matter came up before me. I directed affidavits to be filed and this matter came up before me as contested application on 1st June, 1984 till which date there was an interim order passed by me restraining the opposite parties from giving effect to the order of retirement.

(2.) The petitioner's case is that he was born on 16th of April, 1936 and he was selected and appointed as a mechanic driver of the railways under the Divisional Superintendent, Eastern Railway, Howrah on 19th April, 1955. The age restriction to the recruitment to the said post was declared to be between 18 and 25 years and at the time of such appointment the age of your petitioner was 19 and his date of birth was 16th April, 1936.

(3.) The petitioner's case is that he was an illiterate person and he did not know English and at the time of his appointment recording of his date of birth, Rule 145(1) of the Indian Railways Establishment Code, Vol.1 was not complied with. His case is that recording of his date of birth was done entirely according to the self-assessment and guess work without affording the petitioner and opportunity to explain the service book although it is the specific case of the petitioner that he "categorically disclosed 16.4.36 as his date of birth".