LAWS(JHAR)-2010-5-147

DIVISIONAL ENGINEER (ADMN.), BHARAT SANCHAR NIGAM LTD. AND THE SUB-DIVISIONAL ENGINEER (ADMN.), BHARAT SANCHAR NIGAM LTD. Vs. RAMJEET PD. SINGH,

Decided On May 20, 2010
Divisional Engineer (Admn.), Bharat Sanchar Nigam Ltd. And The Sub -Divisional Engineer (Admn.), Bharat Sanchar Nigam Ltd. Appellant
V/S
Ramjeet Pd. Singh, Respondents

JUDGEMENT

(1.) THIS L.P.A. has been filed against the judgment and order dated 04.09.08 passed by a learned Single Judge of this Court by which the writ petition was allowed and the order of superannuation of the writ petitioner was quashed.

(2.) THE dispute in this case is about the date of birth of the writ petitioner. According to the writ petitioner, who is respondent No. 1 in this L.P.A., his date of birth was 02.08.1950. According to the case of the appellant -employer, the date of birth was 02.08.1946.

(3.) FURTHER in the service book there is a medical certificate dated 3.2.1970 photocopy of which is filed with the appeal and original of which was seen by us in the service book produced. In the said certificate it has been mentioned that appellant's age according to his own statement was 20 years and by appearance also he was about twenty years of age. The age is mentioned therein both in figures and words. It is obvious to the naked eye that the digit "0" in "20" has been overwritten in a different ink and a word after the word "twenty" has been obliterated in the said medical certificate. It has been argued from the appellant's side that the age in the medical certificate was originally mentioned as "24" and "twenty four" which has been changed.