RAM LAL Vs. STATE OF HP

JUDGEMENT

(1.) THE petitioner had initially joined the employment of respondents No. 1 and 2, particularly respondent No. 2, as Patwari in April, 1962 and was promoted as Kanungo in the year 1981 and had retired as such on 31.10.1998. According to him, at the time of his initial appointment as Patwari he had submitted age proof on the basis of which his date of birth was recorded in the service book as 10.10.1941. However, later on due to some error it was taken to be 10.10.1940. Thus, whereas in fact he was to retire on 31.10.1999, he was wrongly retired from service on 31.10.1998. On these averments the petition has been filed on the following prayers::

(2.) RESPONDENTS No. 1 and 2 have taken the following stand vide paras 6(i), (iv) and (vi):

(3.) TRUE it is that Certificate, Annexure A-2, is not the original Middle Examination certificate issued by the Himachal Pradesh Territorial Council which conducted the said examination in February, 1960 and instead has been issued by the aforesaid Principal, Government Boys Higher Secondary School, Chamba, on the basis of school records, wherein his date of birth was recorded as 10.10.1941, which fact also finds support and due corroboration from School Leaving Certificate, Annexure A-1, issued by the Head Master, Government High School, Triloknath (Lahul Spiti), from where the petitioner had passed 5th standard examination. There is no evidence to the contrary showing that the date of birth of the petitioner is 10.10.1940 and not 10.10.1941.