P.P.Gupta - (1.) THE petitioner Sant Saran Saxena was appointed as Asstt. Wasil Baqui Navis on 15-12-1952 on temporary basis in a purely temporary department known as Collection Department which was established by the State Government after abolition of Zamindari. His services were extended from time to time He was regularised on 12-1-1954 against a regular clear vacancy. On 22-5-1960 the petitioner was confirmed on the post of Asstt. Sub-Treasury Account. This post was also in the Collection Department.
(2.) IN the year 1970, the Collection Department was abolished and merged with the Collectorate. Accordingly petitioner's services also merged with the Collectorate and he was posted as Kurk Amin in Talisil Sadar, district Moradabad in the. year 1970 where he continued to work IN the year 1985, the petitioner was promoted as Court Clerk to the court of S.D.M., Bilari were he continued till 1988. IN the year 1988, he was promoted as Land Acquisition clerk, I Grade. IN September 1989 he was posted as Bill Clerk, I Grade where he continued till he was made to retire by the impugned order dated 9-11-1989. The date of birth of the petitioner is 10-11-1936, which has also been shown in his High School Certificate. The same date of birth is shown in his two transfer certificates and also in the result of High School published in the Gazette of the U. P. Government. The same date of birth was also entered in the Service Book of the petitioner where his date of retirement, is also mentioned as 30-11-1984. The Service Book is verified by the Officers from time to time. By mistake, his dale of birth was shown as 10-11-31 in his Character Roll. It was on the basis of this mistaken entry in his Character Roll, that the petitioner was served with an order dated 9th November,' 1989 directing that he would retire on 30-41-1989. The petitioner challenged this order before the Services Tribunal by filing a petition. The said petition, was, however, dismissed on 7-6-1990 by the Tribunal. By this petition, the petitioner has challenged the order dated 9-11-1989 passed by A.D.M. (Finance) Moradabad and also the order dated 7-6-1990 passed by the Services Tribunal dismissing the petition of the petitioner.
(3.) THE respondents and the petitioner have filed counter affidavit and rejoinder affidavit. The learned counsel for the petitioner and the learned Standing Counsel were heard at length and the record of the case were perused. Since the parties have exchanged affidavits, the petition is finally disposed of at the stage of admission as per rules of the court.;