GURBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was employed as an Assistant Executive Engineer with the respondent Corporation was served with a notice dated 19th May, 1987 (Annexure P-2), saying that he was to be retired with effect from 30th November, 1987, on attaining the age of superannuation. The petitioner contested the factual averment made in this notice about his date of birth and made a representation on 10th July, 1987 (Annexure P-4) with the assertion that the actual date of his birth was March 15, 1930 and not 26th November, 1929, as recorded in his service book. Without going into merits of his representation or deciding it in the light of any enquiry or evidence, the Corporation retired him with effect from 30th November, 1987. He impugns this action of the Corporation.

(2.) Primary defence raised on behalf of the Corporation is that in view of Note 3 to Rule 7.3 of the Punjab Financial Rules Vol. I Part I, the above-noted representation of the petitioner could not be entertained after the expiry of two years from the date of his entry into service.

(3.) Having heard the learned counsel for the parties, we are of the opinion that the stand of the Corporation is wholly untenable. It appears that the Corporation was oblivious of the fact that the abovenoted Note 3 to Rule 7.3 referred to above, stood deleted with effect from 17th November, 1973. In the light of that, we reject this stand of the Corporation. The factual position thus, boils down to this that the respondent-Corporation did not go into the merits of the petitioner's representation and did not record any finding about the correctness of his date of birth. Therefore, the action of the Corporation in retiring the petitioner with effect from 30th November, 1987, cannot possibly be sustained in the absence of a finding about his date of birth. We, therefore, direct the Corporation to go into the matter afresh and decide the representation of the petitioner on merits. In case the Corporation comes to the conclusion that the date of birth of the petitioner is other than 26th November, 1929, it would determine the date of superannuation in the light of that. The writ petition, thus, stands disposed of with these observations.