KARAM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) THE present petition under Article 226 of the constitution of India, has been filed by the petitioner for issuance of a writ in the nature of certiorari quashing the impugned order dated 28.7.2010, Annexure P-5, issued by the Assistant Engineer in regard to the retirement of the petitioner from the Government service mentioning therein that the date of birth of the petitioner is 26.7.1950. A notice of the petition was issued to the State.

(2.) I have heard the learned counsel for the parties.

(3.) THE learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court in State of Punjab Vs. Mohinder Singh, AIR 2005 Supreme Court 1868. It was held therein that in a suit for declaration as to date of birth school records have more probative value than horoscope. It is clear that this question can be considered by the Court as to which of the two certificates is to be preferred only when a suit for declaration was filed by the petitioner within time and the present question cannot be determined in the writ petition, since it is a question of fact to be proved on record on the basis of evidence led by both the parties. Moreover, in regard to the Government employees they cannot file application at the fag end of their career nearing retirement.