LAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner studied upto tenth class in Government High School, Gujjarwal, District Ludhiana and passed the Compounder Course from the Government Livestock Farm, Hissar in 1952. He initially joined as a Clipper in the erstwhile State of Pepsu on February 14, 1951, and then joined as Veterinary Compounder on October 9, 1952. According to School Leaving Certificate Annexure P-1, his date of birth was recorded as October 14, 1931. According to the petitioner, at the time of joining service his date of birth was recorded as October 14, 1931. He continued to work at various places in Punjab and was confirmed on October 17, 1966, with effect from September 9, 1966, in the scale of Rs. 75-5-100/5-125, and his date of birth in the confirmation order was shown as October 14, 1931. The order of confirmation is Annexure P-4. The seniority list of the Veterinary Compounders was issued on September 23, 1968, and the name of the petitioner was shown at No. 49. His date of birth in the seniority list was shown as October 14, 1931. The seniority list is Annexure P-5. The pay scale of the petitioner was revised vide Annexure P-6. There also his date of birth is shown as October 14, 1931. The order revising the pay scale is Annexure P-6. His pay was refixed on May 5, 1963, vide Annexure P-7. His date of birth was again shown as October 14, 1931.

(2.) Respondent No. 2 vide his order dated February 15, 1985, stated that the petitioner had already crossed the age of superannuation on October 31, 1983, so he is retired with immediate effect. Copy of the order is Annexure P-8. On the basis of Annexure P-8, the petitioner was retired from service with effect from February 15, 1985. Vide order dated February 15, 1985, Annexure P-9 he was directed to hand over charge to Kamaljit Singh V.P. Veterinary Hospital, Khughke. He has challenged the orders dated February 15, 1985, Annexures P-8 and P-9 in this writ petition being illegal, void, without jurisdiction, against the provisions of Punjab Civil Service Rules Volume I, Part I and also arbitrary and against the principles of natural justice.

(3.) The respondents in their written statement admitted that the petitioner joined his service as Veterinary Compounder in the Animal Husbandry Department on October 9, 1952, but stated that in his service-book his date of birth was mentioned as October 14, 1925. So he was to retire on October 14, 1983 was fraudulent. It was further pleaded that the petitioner had applied for correction of his date of birth in the service-book which was rightly declined. With their written statement they have filed a copy of the application dated May 22, 1968, Annexure R-1, made by the petitioner wherein he had requested that his date of birth in the service-book has been wrongly recorded as October 14, 1925, whereas his date of birth according to school leaving certificate is October 14, 1931, which is also shown in the confirmation list circulated by the Director, Animal Husbandry, Punjab, and the same may be corrected. The Deputy Director, Animal Husbandry, Patiala Division, vide Annexure R-2 recommended the case of the petitioner for correction of his date of birth from October 14, 1925 to October 14, 1931, by enclosing a copy of the school leaving certificate of the petitioner and also stated that this fact is supported by office record, details of which he mentioned in his letter. Annexure R-2 was sent to the Director, Animal Husbandry, Punjab, respondent No. 2. Respondent No. 2 Director, Animal Husbandry, Punjab, vide Annexure R-3 informed respondent No. 3 Deputy Director that vide Rule 7.3 of p. F.R. Volume I, Annexure B, no correction regarding the date of birth of the petitioner can now be made.