JAGGI RAM Vs. STATE OF UTTARAKHAND AND ORS.
LAWS(UTN)-2007-12-39
HIGH COURT OF UTTARAKHAND
Decided on December 13,2007

Jaggi Ram Appellant
VERSUS
State of Uttarakhand And Ors. Respondents


Referred Judgements :-

C.M.O. V. KHADEER KHADRI [REFERRED TO]
STATE OF UTTARANCHAL V. PITAMBER DUTT SEMWAL [REFERRED TO]
STATE OF TAMIL NADU VS. TV VENUGOPALAN [REFERRED TO]
UNION OF INDIA OTHERS VS. KANTILAL HEMATRAM PANDYA [REFERRED TO]
COMMISSIONER OF POLICE BOMBAY VS. BHAGWAN V LAHANE [REFERRED TO]
STATE OF ORISSA VS. RAMANATH PATNAIK [REFERRED TO]
STATE OF UTTARANCHAL VS. JAGPAL SINGH TYAGI [REFERRED TO]
STATE OF GUJARAT VS. VALI MOHMED DOSABHAI SINDHI [REFERRED TO]
COAL INDIA LTD. VS. ARDHENDU BIKAS BHATTACHARJEE [REFERRED TO]


JUDGEMENT

Rajeev Gupta, C.J. - (1.)PETITIONER Jaggi Ram has filed this writ petition for the following reliefs:
(i) issue a writ, order or direction in the nature of certiorari quashing the impugned notice and order dated 20 -06 -2001 and 02 -04 -2002 and set aside order of State Service Tribunal dated 22 -10 -02 annexures No. 4, 9 and 11 to this writ petition issued by Respondent No. 5 and 6.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to allow the Petitioner to continue his services with the Respondents.

(iii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to make the correction in the service record of the Petitioner according of birth certificate.

(iv) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case,

(v) Award the cost of the petition of the Petitioner,

(vi) So God help me.

(2.)THE Petitioner, in substance, is seeking quashing of the impugned judgment dated 22 -10 -2002 passed by Public Services Tribunal, Uttarakhand in Claim Petition No. 14 of 2002.
Brief facts of the case, relevant for deciding this writ petition, are that Petitioner Jaggi Ram was appointed as Sweeper by Nagar Palika Parishad, Rishikesh on 01 -04 -1967. The Petitioner, after having remained in service for a period of about 35 years, was served with a notice dated 20 -06 -2001 by Nagar Palika Parishad, Rishikesh informing him of his retirement on attaining the age of superannuation on 31 -03 -2002. The Petitioner eventually retired from service on 31 -03 -2002. The Petitioner, claiming that his correct date of birth was 26 -09 -1949 and seeking his continuance in service for a further period of about 7 years, filed the claim petition before the Public Services Tribunal, Uttarakhand, which was dismissed vide impugned judgment dated 22 -10 -2002.

(3.)RESPONDENTS Nos. 4 and 5 i.e. Chairman and Executive Officer of Nagar Palika Parishad, Rishikesh, in their counter affidavit, have categorically stated that, in the service record, the Petitioner's date of birth was recorded as 01 -04 -1942 and as such, he was rightly retired on attaining the age of superannuation i.e. 60 years on 31 -03 -2002 and the Petitioner was informed in advance about the same vide notice dated 20 -06 -2001.
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