SHIV PRASAD SHUKLA Vs. MUNICIPAL BOARD KEKRI

JUDGEMENT

(1.) THIS is a second appeal filed by plaintiff Shiv Prasad Shukla against the decree of the Additional District Judge No. 1, Ajmer, dated May 28, 1987 whereby the decree passed in plaintiff's favour by Additional Munsif, Kekri in Civil Suit No. 162/1975 was reversed and the plaintiff's suit for declaration that his real date of birth was November 11, 1922 as accepted by the appointing authority and that he was entitled to continue in service of the. respondent Municipal Board with effect from 27. 9. 1975, was dismissed.

(2.) THE learned counsel for the appellant contended that the appellant was an employee of Municipal Board, Kekri. THE Administrative Committee of the Municipal Board, Kekri by its resolution dated January 14, 1975 had unanimously decided that the actual date of birth of the appellant was November 11, 1922 and not March 20, 1920 and had made recommendation for its correction. THE learned counsel for the appellant contended that the Municipal Board, Kekri was not justified in referring the matter to the State Government along with the recommendations of the Administrative Committee as the Municipal Board itself was the competent authority in the matter. THE learned counsel has also relied upon Rule 12 of the Rajasthan Municipalities (Subordinate and Ministerial) Services Rules, 1963 and on the basis of that rule, it was urged that the Administrative Committee of the Municipal Board was competent to decide about the real date of birth of the appellant which it had decided to be November 11,1922. It is also argued that the Municipal Board had accepted the recommendation of its Administrative Committee and, therefore, it had recommended the matter to the State Government. It was argued that the Director, Local Bodies, Rajasthan had no jurisdiction to overrule the decision of the Administrative Committee of the Municipal Board, Kekri and that of the Mudicipal Board itself.