GULABA RAM Vs. STATE OF HP

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6.3.2009 passed by a learned Single Judge of this Court in CWP(T) No. 3395 of 2008. Briefly stated the facts of the case are that the appellant, hereinafter referred to as the petitioner, was working as peon in the Education Department of the Himachal Pradesh. When he was granted employment his year of birth in the official record was recorded as 1940. In such eventuality the petitioner was to retire in the year 2000. It appears that some complaint was received in the office of District Education Office, Bilaspur that the date of birth as given by the petitioner was false. It was also averred that as per the record of the Gram Panchayat his date of birth was 1.7.1934. The complaint was forwarded to the Director of Education, H.P. Shimla and on scrutinizing the case vide letter dated 22.4.1994 it was directed that Gulaba Ram be retired from service on the basis of date of birth recorded in the Gram Panchayat record and consequently he was ordered to be retired w.e.f. 30.6.1994 on attaining the age of superannuation i.e. 60 years.

(2.) The petitioner represented against this order and filed O.A. No. 684 of 1994, which was directed to be taken as representation and in the meantime the petitioner was permitted to continue to work as peon. It appears that before the departmental authorities the petitioner claimed that his date of birth is 24.3.1945 and therefore, he was entitled to be retired on 31.3.2005. The representation was disposed of by the Additional Secretary (Education) on the ground that since the petitioner was unable to produce any certificate that his date of birth was 25.3.1945 reliance should be placed on the certificate issued by the Gram Panchayat, Patta on 22.3.1992 wherein the year of birth was shown as 1934. The Additional Secretary held that the Panchayat record showing the year of birth to be 1940 was wrong and incorrect. The representation was rejected.

(3.) Thereafter the petitioner filed O.A. No. 1019 of 1996 before the H.P. State Administrative Tribunal which on abolition of the Tribunal vide notification issued by the Central Government was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008. The original application was registered as CWP (T) No. 3395 of 2008. The learned Single Judge dismissed the petition mainly on the ground that the petitioner himself is not sure of his date of birth. In the earlier O.A. he had claimed his date of birth to be 24.3.1945 but this was rejected and now he claimed that his date of year was 1938. On this ground alone the petition was rejected.