KEDAR ISHWAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner Shri Kedar Ishwar was appointed as Senior Subordinate Judge -cum -Asstt. Sessions Judge at Bilaspur in September 1961. On April 16, 1969, he was promoted to the Higher Judicial Service and was posted as District & Sessions Judge, Mahasu. In April 1971 he was appointed as Registrar of this Court and continued to hold the post till the afternoon of November 30, 1974, when he was retired through Notification of that date as having attained the age of superannuation. The Notification mentioned that the petitioner attained the age of superannuation on November 3, 1974.

(2.) According to the petitioner, the date of his birth was 19th of Kartik 1974 B.K. He was born in Mandi town and a report in that regard was made to the Mandi Municipal Committee on 17th Manghar, 1974 B.K. An entry to that effect was also made in the Register of birth maintained by the Municipal Committee. According to the petitioner, his correct date of birth, as also evidenced by this record, was November 3, 1917.

(3.) The date of birth of the petitioner, as recorded in the Matriculation certificate, was, says the petitioner, erroneously given out as November, 3, 1916. This was the date disclosed by him in the declaration submitted by the petitioner when be joined as Government Advocate -cum -Public Prosecutor, Mabasu and Sirmur Districts at Simla in July 1958 The office of the Accountant General, which maintains the service record of the gazetted officers, consequently, declared the date of birth of the petitioner as November 3,1916. The Notification directing the retirement of the petitioner mentions November 3, 1916, as said earlier, to be the date of birth of the petitioner.