MANOJ KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is aggrieved by order of superannuation dated 13.1.2011, Annexure-2 by which according to him he has been forced to retire six months prior to his actual date of retirement i.e. on 31.1.2011.

(2.) Learned counsel for the petitioner submits that the petitioner had passed the Matriculation examination in March, 1968 under the Bihar School Examination Board from a school namely Mrs. K.M.P.M. Bahuddheshiye School Jamshedpur. His date of birth recorded in the matriculation certificate is 4.7.1951. The said certificate, however, was lost in respect of which, he had informed the Officer-in-Charge, Sonari, Police Station, Jamshedpur. He has sworn an affidavit in respect of the same and also written a letter addressed to the Secretary, Bihar School Examination Board, Bihar, Patna for issuance of duplicate Matriculation certificate, which is contained at Annexure No. 5 series to the rejoinder filed on behalf of the petitioner. The said certificate has been issued on 28.2.2011 after the petitioner was forced to retire on 31.1.2011 by the impugned notice. The petitioner has placed reliance upon the seniority list, which is Annexure-1/1 contained in memo No. 1120 dated 2.10.2009, where also at serial No. 271, his date of birth is shown as 4.7.1951 instead of 4.1.1951, which has been made the basis of his retirement by the respondents. Therefore, the petitioner has made representations before the Director General of Police; Jharkhand vide Annexure-2 series, which has remain unredressed. The petitioner has also enclosed his Service Book annexed as Annexure-3 to the rejoinder filed on behalf of the petitioner where also his date of birth has been shown as 4.7.1951 and the same has been signed by the Deputy Inspector General (Training)-cum-Principal, P.T.C., Hazaribagh dated 8.2.2013, In such circumstances, the petitioner has come before this Court.

(3.) The respondents on the basis of the statements made in the counter affidavit filed on their behalf stated that the Service Book of the petitioner got burnt at Rail Police Station, Jamshedpur and only few portions of the burnt' pages remained intact. There is no visible entry of date of birth on the remaining burnt papers. In such circumstances, the applicant himself has filled up all the columns of Service Book in his own handwriting and the same has also not been certified by the Superintendent of Police, Saraikela or any competent authority, which is annexed as Annexure-A to the counter affidavit. Thereafter, the respondents have issued a letter dated 12.9.2010 followed by letter dated 13.1.2011 indicating that the petitioner is going to superannuate on attaining 60 years on 31.1.2011 according to his date of birth i.e. 4.1.1951. In such circumstances, on attaining age of superannuation, he has been retired on 31.1.2011.