- (1.) Leave granted.
(2.) Notice was issued indicating that the matter may be finally disposed of at the notice stage itself. The respondent has, however, failed to appear even though duly served. We have heard learned counsel for the appellants.
(3.) The question arising for consideration in this appeal relates to the date of birth of the respondent for the purpose of his superannuation. In the Adult workers' Register (hereinafter referred to as "the Register") maintained by the appellants, the age of the respondent on 23/3/1960, the date of appointment, is stated as 24 years and on that basis his date of birth was treated as 23/3/1936 and he has been retired with effect from 1/4/1994. The case of the respondent is that his year of birth is 1940 and he has placed reliance on the identity card issued by the Employees' State Insurance Corporation (ESI) wherein his year of birth is shown as 1940. The respondent filed a writ petition in the High court which has been allowed by the High court by the impugned judgment dated 20/7/1994. The learned Judges of the High court, while observing that the register is maintained in accordance with the Standing Orders, did not attach importance to the entry in the said Register on the ground that there was no material before them to indicate as to how that entry was recorded in the register. The High court has, therefore, directed that the date of birth as recorded in the ESI card must prevail and the respondent would continue in service on the basis of the entry recorded in the ESI card or till he attains superannuation or till the appellants redetermined the age on the basis of the enquiry to be held by it. On that basis, the High court has quashed the impugned order of superannuation.;