- (1.)Petitioner was working on the post of Assistant Sub-Inspector of Police in the Home (Police) Department of the State Government. He was retired from service on attaining the age of superannuation w.e.f. 31.12.2005 treating his date of birth to be 04.12.1945.
(2.)On 17.10.2006 the fourth Respondent requested to the second Respondent to approve the Petitioner's date of birth to be 04.12.1945 in view of the entry made in the service book recording his date of birth as 04.12.1945. However, the third Respondent informed the fourth Respondent vide letter dated 24.09.2007 (Annexure P-6) that the Petitioner has wrongly been continued upto 31.12.2005 treating his date of birth to be 04.12.1945, whereas his date of birth as per the Higher Secondary Certificate is 21.5.1945 and in the circumstances he ought to have been retired w.e.f 31.05.2005. In the circumstances recovery of the amount of salary paid to the Petitioner for the period between June, 2005 to December, 2005, was ordered. Aggrieved the Petitioner has filed this petition.
(3.)The case of the Petitioner is that his actual date of birth is 04.12.1945 which was recorded in his service book and was treated to be correct during his entire service period. He submits that on the basis of the said date of birth he was allowed to continue in service till 31.12.2005 and he having worked till that date the order of recovery of salary for the period between June, 2005 to December, 2005 is illegal. He placed relianceon the judgment passed by the Supreme Court in the case of Sahibram v. State of Haryana and Ors., 1995 Supp1 SCC 18, Shyambabu Verma and Ors. v. Union of India and Ors., 1994 2 SCC 521 and Col. B.J. Akkara (Retd.) v. Govt. of India and Ors., 2006 11 SCC 709.