D.P.S.Chauhan - (1.) BY means of this petition the petitioner has challenged the order of his superannuation dated 26-11-1988 whereby be was to retire after completing the age of 58 years on 31-12-1989, and has prayed for the relief for quashing the said order, allowing him to continue in service uptill 31-8-1990, and also the benefits, as may be available to him.
(2.) AFTER having received the aforesaid notice dated 26-11-1988, the petitioner represented to the Deputy Inspector General of Police (Karmik). Respondent no. 2, that his date of birth, according to the High School Certificate, was 1-9-1932 and not 30-12-1930, and under the U. P. Recruitment to Services (Determination of Date of Birth) Rules, 1974, his date of birth, for the purposes of superannuation, had to be taken as recorded in the High School Certificate, as he passed the High School Examination prior to his recruitment in the Civil Police Service as constable The petitioner's representation was rejected by the Deputy Inspector General of Police (Karmik) on 4-11-1989 without taking into consideration the aforesaid Rules, under which the date of birth of the petitioner has to be taken as contained in the High School Certificate. The ground for rejection was that the petitioner did not raise any objections earlier that his date of birth as recorded in the Service Book was not correct. In the service book his date of birth was recorded as 30-12-1930. Heard the learned counsel for the petitioner and the learned Standing counsel. Learned counsel for the petitioner has relied on rule 2 of the aforesaid Rules which creates a fiction that the correct date of birth of those persons who have passed the High School examination prior to their entry into the service, shall be the date as entered in the High School Certificate. According to the petitioner, he entered the police service as Constable on 30-12- 1950 whereas he passed the High School examinations on 15-6-1950. Rule 2 of the aforesaid rules is as extracted below - "Determination of correct date of birth of Age. The date of birth of a Government servant as recorded in the certificate of his having passed the High School or equivalent examination at the time of his entry into the Government service or where as Government servant has not passed any such examination as aforesaid or has passed such examination after joining the service, the date of birth or the age recorded in his service book at the time of his entry into the Government service shall be deemed to be his correct date of birth or age, as the case may be, for all purposes in relation to his service, including eligibility for promotion, superannuation, premature retirement or retirement benefits, and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever." It provides that for the purposes of the determination of the age of superannuation of the persons who have parsed the High School Examination prior to their entry in the service, the date of birth of such person shall be deemed to be the date as recorded in the High School Certificate and in other cases, the date of birth as recorded in the service book shall be treated as the correct date of birth. In view of this rule, it is immaterial whether the petitioner had earlier applied for correction or not. The rule creates a fiction that the date of birth of such persons who have passed High School Examination prior to their entry into the service, shall be deemed to be that which is entered in the High School Certificate.
(3.) IN view of this, the petitioner's date of birth has to be treated as the date of birth as mentioned in the High School Certificate. The date of birth as mentioned in the High School Certificate is not denied, nor it is the case of the respondent that the petitioner did not pass the High School Examination or the certificate produced by him is not genuine. In the counter affidavit, the plea taken in that the petitioner never objected or made any representation to the concerned authority to challenge his date of birth as recorded in the service book It is also stated in the counter affidavit that if the petitioner was in possession of the High School Certificate, which is of the year 1950, then he has not given any reason why he did not produce the certificate before the appointing authority earlier and the filing of the alleged certificate is only after thought.;