DILE RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE applicant herein has prayed for the grant of following reliefs: :

(2.) THE respondents have contested the claim, of the applicant. In the reply filed by the respondents, the facts not admitted are that the case of the applicant for counting his approved Military Services was moved to Conservator of Forests, Mandi Circle by the Divisional Forest Officer, Nachan Forest Division, Gohar vide letter dated 4.1.1995 Annexure R R and the same was recommended to Principal Chief Conservator of Forests, H.P. by the Conservator of Forest Officer vide letter dated 17.1.1995 (Annexure R 3). The Principal Chief Conservator of Forests, H.P. Shimla has raised the objections with regard to date of birth of the applicant which was recorded as 12.10.1943 in Army record as per Appendix B annexed as Annexure R IV, whereas on re employment of the applicant in Civil post, the applicant produced Middle Standard Certificate Annexure R V showing his date of birth as 26.11.1944 and School Leaving Certificate issued by Headmaster, Government High School, Bali Chowki issued on 19.2.1979 Annexure R VI. Such objections with regard to the date of birth was communicated to applicant vide Annexure P B through Range Officer, Thachi, but till date of retirement, the applicant did not reply the objections and his case for allowing Military services benefit could not be processed without proper identity. It is further submitted that he produced Middle Standard Examination Certificate issued on 7.3.1962 showing his date of birth as 26.11.1944. Since the Middle standard certificate was issued on 7.3.1962 and he got himself enrolled in Army on 12.10.1963, so it is clear that the applicant had made forgery in getting the job in Armed Forces by shielding the reality. In case his date of birth as recorded in Army record could have been taken as base for re employment in civil post, he should have been retired 13 months before his retirement, that is, 31.10.2001 instead of 30.11.2002 which date he actually retired. By this way, the applicant has forged/cheated Centre Government as well as State Government, hence, no benefits of Demobilized Armed Forces is required to be given to the applicant. The present Original Application is devoid of merit and the same may be dismissed in the interest of justice.

(3.) WE have heard the learned Counsel for the parties and perused the record.