PRABHAT SINGH Vs. H.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner having initially worked in the respondent -Board as daily rated Beldar was later on regularised as such with effect from 20.9.1997. It appears that since the petitioner is illiterate, there was no age proof qua him so as to be produced to the employer at the time of his regularisation. In such circumstances, he was medically examined vide certificate dated 22.9.1997, Annexure A1, on the basis of which and per his own reckoning, his age at that time was estimated as 48 years. It being so, the petitioner was to retire from service on attaining the age of superannuation being 60 years on or about 30.9.2009. It further appears that somewhere in the year 2005, the petitioner submitted application, Annexure A/3, which though appears to be dated, yet the date seems to have been intentionally obliterated, to the Chief Medical Officer, Kangra at Dharamshala for issuance of birth certificate claiming that he was born on 16.9.1950. Consequently, birth certificate, Annexure A/2, was issued on 6.9.2005 showing the date of birth as 16.9.1950. However, the relevant entry in respect of the person qua whom certificate, Annexure A/2, has been issued is in Urdu. English translation of birth certificate Annexure A/2 is Annexure A -2/T wherein the name of the person born as per certificate Annexure A2 is recorded as Rangeel Singh son of Beli Ram.

(2.) AS per letter dated 3.9.2005, Annexure A/4, respondent No.3 had also written to the Chief Medical Officer, Kangra at Dharamshala for verification of the claim of the petitioner that he was born in September, 1950.

(3.) VIDE letter dated 8.4.2006, Annexure A/5, respondent No.2 had intimated the petitioner that "the date of birth might have been incorporated in the service book as 26.6.1946 as per document produced by you at the time of initial appointment as Beldar (W.C.) and joined as such on 20.9.1997 (FN). Difference any should have been pointed out at the time of joining or within permissible time" and as such, the same cannot be changed at that belated stage.