SCRET EMPLOYEES ORGANISATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been preferred by an Organisation called the State Council of Educational Research and Training (SCERT) Employees' Organisation, represented by its Resident, Vice-President, General Secretary, and Asstt. General Secretary in the form of Public interest Litigation with a prayer for quashing the impugned order dated 1.4.1996 (Annexure-5).

(2.) The facts of the present case is some what peculiar, and may be recited briefly. The dispute involved in this writ petition is with regard to the correction of the date of birth in the service Book of respondent No. 5. Respondent No. 5 entered in Government service on 1.3.1996 as Head Pandit. Thereafter, he was appointed as; Theory Instructor on 7-7-1961. The first volume of the Service Book of the respondent No. 5 was opened on 17-10- 1962. The date of birth recorded in the first volume of the Service Book opened on 17-10-1962 is 1-3-19210. Respondent No. 5 signed his volume -1 Service Book on 17-10-1962, counter signed by the Deputy Director of Education, Manipur. Respondent No. 5 also put the thump impressions of Fingers in the first volume of the Service Book. Every page of Volume-1 of the Service Book bears the signature of respondent No. 5 upto 7.7.1976. It appears, thereafter volume-2 of the Service Book was opened w.e.f. 1.3.1956. In the second volume of the Service Book of the respondent No. 5 the date of birth recorded is 1.7.1938. It is mystery as to how the volume-2 Service Book was opened w.e.f. 1.3.1956 when volume-1 of the Service Book was opened w.e.f. 17.10.1962. This has led to us to come to irresistible conclusion that the volume-2 of the Service Book of the 5th respondent has been prepared well an after thought. Be that as it may, this fact may not be very important for resolving the present dispute.

(3.) By an order dated 28-2-1996 (Annexure-3) the Governor of Manipur ordered the superannuation of the 5th respondent as Incharge-Director of SCERT w.e.f. 29-2-96 taking the date of birth of the 5th respondent as on 1.3.1938 recorded in first volume of the Service Book. By another order, Shri A. Ibocha Singh, Joint Secretary, Education, Government of Manipur was ordered to look after the work of Director SCERT in addition to his normal duties until further orders consequent upon the retirement of the 5th respondent w.e.f. 29.2.96. However, by impugned order dated 1.4.1996, the Governor of Manipur in partial modification of the Government order dated 28.2.1996 as ordered that the 5th respondent shall retire from service on superannuation with effect from the Afternoon of 30.6.96 taking the date of birth as on-1.7.1938 as recorded in second volume of his Service Book.