R.B.MISRA, J. - (1.) IN this petition prayer has been made to quash the order dated 31.12.1997 passed by the Executive Engineer/respondent No. 4 communicating the petitioner's retirement after completing the age of 58 years, i.e., age of superannuation on 31.12.1997 by taking the date of birth 1.1.1940 of the petitioner as entered Into service book.
(2.) HEARD Sri Radhey Shyam, learned counsel for the petitioner and Sri Ranjit Saxena, learned counsel for the respondents. The facts necessary for adjudication of the writ petition are that the petitioner was not High School pass, however, he was appointed to the post of Pump Attendant on 30.9.1961 and on the basis of his physical examination made by the Chief Medical Officer the age of the petitioner on 8.10.1961 was estimated 21 years. On the basis of that certificate the entry of 1.1.1940 originally entered into service book, verified by the petitioner and competent authority, was erased and 8.10.1940 was recorded into service book. It appears through departmental examination the petitioner was promoted on 8.10.1976 to the post of Junior Engineer and was confirmed on 28.8.1990 with retrospective effect from 1.4.1981. In an application for withdrawal of amount of Rs. 30,000 endorsement was shown indicating joining time of petitioner as 8.10.1961 and retirement date as 31.10.1998. The same were said to be acknowledged by the Executive Engineer on 8.2.1993 (Annexure -3 to the writ petition). The petitioner by an application on 15.1.1993 wanted some correction of entries recorded in the service book, on that basis letters dated 24.8.1993, 29.1.1994 and 25.4.1994 were written by the General Manager to the Chief Engineer, Electricity Board, seeking clarification about acknowledging what date of birth of the petitioner after cutting 1.1.1940 the original date of birth, entered in the service book, against 8.10.1940 mentioned as per medical certificate. According to the petitioner by letter dated 10th June, 1994 issued from the office of the Executive Engineer, petitioner's date of birth was acknowledged as 8.10.1940, and in respect of medical correspondence made between two Executive Engineers on 3.7.1995 (Annexure -13 to the writ petition) and on the withdrawal form dated 3.5.1996 (Annexure -14 to the writ petition) for taking Rs. 70,000 from the provident fund and letter dated 21st November, 1997 (Annexure -15 to the writ petition) from General Manager, Obra to Superintending Engineer, letter dated 5.12.1997 (Annexure -16 to the writ petition) from Executive Engineer to General Manager, in the list of employees being superannuated (Annexure -18 to the writ petition) the petitioner's date of birth is Indicated as 8.10.1940 and his date of retirement as 31.10.1998. On the basis of these documents, and Inter -departmental correspondences and in view of the reports acknowledged by superior officers while withdrawing the fund or some amount, the date of birth entered into service book and date of retirement mentioned in those records are claimed to be basis being the true date of birth of the petitioner as 8.10.1940.
(3.) COUNTER affidavit has been filed, according to which the date of birth of petitioner is 1.1.1940 only, as disclosed by the petitioner voluntarily at his freewill, as entered in the service book, as after about more than 32 years, the petitioner wanted to verify the correction of date of birth, which was made by cutting the original entry as 1.1.1940 in the service book on the basis of medical certificate. According to the respondents it disputed and is not known at what stage this interpolation was made. According to the respondents, if fact, 1.1.1940 (as the date of birth of the petitioner) was recorded almost everywhere in every relevant documents. When a letter dated 17.1.1989 from Superintending Engineer addressed to the Deputy General Manager (Annexure -C.A. -1 to the counter -affidavit), letter dated 18.11.1989 (Annexure -C.A. -2 to the counter -affidavit) from Superintending Engineer to General Manager, Obra Thermal Power Station and letter dated 31st July, 1990 from Superintending Engineer to General Manager enclosing the list of all the employees/officials a Notice No. 742 dated 31.12.1997 (Annexures -C.A. -4 and C.A. -5 respectively to the counter -affidavit) indicated the date of retirement of the petitioner as 31.12.1997 and after sanction of Chief Engineer the date of birth of the petitioner was acknowledged, as 1.1.1940. According to the respondents it is pertinent to note that in Annexure -C.A. -8 to the counter -affidavit the petitioner himself had submitted confidential assessment of his promotion and has made entries in his own handwriting about the confidential assessment of his performance for the period from 1.5.1984 to 15.9.1984, 16.9.1984 to 31.3.1985, 24.9.1985 to 31.3.1986, 1.4.1986 to 31.3.1987, 24.6.1987 to 31.3.1988, 1.4.1988 to 30.6.1988, 1,7.1988 to 28.2.1989, 1.3.1989 to 31.3.1989, where in all the forms date of birth as 1.1.1940 was mentioned by the petitioner.;