GELLI DEI Vs. ORISSA LIFT IRRIGATION

JUDGEMENT

(1.) BEING aggrieved by the order dated 27.2.2002 (Annexure -7) issued by the Director of Lift Irrigation, Orissa, Bhubaneswar (opposite party No. 2) directing the husband of the petitioner to deposit the total amount received by him as salary and allowances from the Corporation for the overstayal period in service, i.e. from 1.12.1988 to 31.8.1997 and threatening him to face criminal charges if not done so, the present Writ Petition has been filed.

(2.) THE husband of the petitioner, Rama Chandra Nayak, was serving as a regular Pump Driver under the Orissa Lift Irrigation Corporation Limited, Cuttack. He joined service on 14.5.1966. In the service book of the employee his date of birth was noted as 25.11.1939.

(3.) I have heard learned Counsel for the petitioner and the learned Counsel for the opposite party -Corporation at length and perused the documents annexed to the Writ Petition, counter -affidavit and rejoinder affidavit. It is admitted that the employee concerned had entered service under the Corporation on 14.5.1966. The first page of his service book, a Xerox copy of which is filed as Annexure -A reveals that the date of birth of the employee was reflected as 25.11.1939. It appears to the naked eye that the last figure '9' has been overwritten with thereby changing the year of birth from 1930 to 1939. But then on the basis of the service book which was in the custody of the Corporation, the gradation list Annexure -1 had been prepared on 1.3.1989. The name of the employee finds place at sl. No. 98 of the said gradation list and his date of birth has been clearly mentioned as 25.11.1939. Further admittedly, the employee was allowed to continue in service after 1.12.1988.