- (1.) BHANWAR Singh, J. The writ petitioner has sought for quashing the order dated 1-7-1997 (Annexure-1) and order dated 22- 4-1997 (Annexure-18 ). By virtue of the order Annexure-1, the Zonal General Manager, opposite party No. 4 had changed the petitioner's date of birth from 13-10-1941 to 13-10-1939 and in this way, he was informed that his date of superannuation at the age of 58 years (as the date of retirement then was) would be the last day of October, 1997. Annexure-18 was a similar order issued by the General Manager (Personnel), opposite party No. 3 and in pursuance of the said order, his original date of birth, i. e. 13-10-1941 was scored out and in its place, the corrected date of birth, i. e. 13-10-1939 was recorded. Seeking quashing of these two orders, the petitioner has further prayed for a writ in the nature of mandamus commanding the opposite parties to restore his original date of birth and allow him to continue in service until 31-10-1999.
(2.) THE factual matrix, as recited in the petition, is as follows: In the month of May, 1957, the petitioner was selected for appointment to the post of Conductor and on the basis of the said selection, he was appointed as Conductor, in the then U. P. Government Roadways, Jaunpur. He was is transferred from Jaunpur to Varanasi by the Assistant General Manager of the Roadways, Varanasi. He was regularized as Conductor with effect from 1-8-1957 mid in the service book prepared by the department, his date of birth was recorded us 13-10-1941. THE service book was prepared on 1-8-1957 by the General Manager of the Roadways. After satisfactory service of about five years, he was promoted to the post of Booking Clerk in the year 1962. Under the provisions of U. P. State Road Transport Corporation Act 1950 the State Government by issuing a notification constituted U. P. State Road Transport Corporation and the services of the roadways employees including that of the petitioner were placed on deputation with the corporation. In the year 1982, the petitioner was absorbed in the service of the corporation and from then onward, his service was governed by U. P. State Road Transport Corporation Employees (other than officers) Service Rules. THE petitioner was promoted to the post of Traffic Inspector Grade-I in the year 1981 and he got a further promotion as Senior Station in charge with effect from 5-8-1988. Since then, he was continuously working on the said post at Varanasi. On 10-11-1995. a provisional seniority list for the cadre of Senior Station Incharge was published by the Regional Manager of the corporation, in which the petitioner was placed at Serial No. 4 and his date of birth was. shown as 13-10-1941. Similarly, in the final seniority list published on 20-8- 1996, his date of birth was indicated to be as October 13, 1941. However, on 31-10-1996, the Regional Manager of the corporation sent a. letter to the Principal, Jaiswal Higher secondary School, Varanasi soliciting the information about the petitioners date of birth. THE said institution was subsequently known as Khedan Lal Rajkiya Inter College, Chetganj, Varanasi. THE Principal of the said college vide his letter dated 2-11-1996 confirmed that as per records of the college, the petitioner's date of birth was 13-10-1941. On the basis of this letter, the Regional Manager of the corporation, Varanasi informed the Zonal General Manager, Varanasi that the correct date of birth of the petitioner was the same as recorded in his service book but contrary to the said recommendation, the Regional Manager by writing a letter on 28-11-1996 requested the Zonal General Manager to notify the petitioner's date of retirement as 31-10-1997 at the age of 58 years. THE Zonal General Manager asked for the petitioner's service record in connection with promotion to the post of Superintendent and in the list submitted by the Regional Manager, the petitioner's name was placed at Sl. No. 27 with his date of birth as 13-10- 1941. THE General Manager (Personnel) of the corporation at Lucknow sent a letter on 22-4-1997 to the Regional Manager of the corporation at Varanasi and informed him that the petitioner's date of birth had been shown in his service book as 13-10-1939. On the basis of this letter received from the headquarter, the Zonal Manager rectified the date of birth as said above. In the said letter, it was recited that the Managing Director of the corporation at Lucknow on having scrutinsed some complaints regarding the date of birth of the petitioner, issued instructions to correct the date of birth and it was in pursuance of the said order that the entries in the service book of the petitioner were rectified. THE Regional Manager, Varanasi sent a letter to the General Manager (Personnel) of the corporation on 20- 5-1997 and referred to some of the documentary record of the petitioner in which his date of birth was recorded as 13-10-1941 and solicited instructions in this regard. THE Regional Manager again wrote a letter on 25. 6. 1997 reminding the Zonal General Manager for instructions in respect of the petitioner's date of birth but with no result. It was in these circumstances that the Zonal General Manager issued letter dated 1-7-1997 indicating therein 31st October, 1997 as the date of petitioner's retirement. What noteworthy is that the petitioner was never served a copy of the proposed action regarding change of his date of birth nor any opportunity of hearing was ever afforded to him. Several authorities including the Managing Director looked into the alleged complaints but not even once the petitioner was asked to explain about his correct date of birth and in this way, an arbitrary decision to his serious prejudice was taken. The order dated 1-7-1997 retiring the petitioner with effect from 31-10-1997 was punitive in nature as his correct date of birth was erased by the Managing Director without following the principles of natural justice and a wrong date of birth was recorded in its place. Such a decision being unjust and unreasonable obliged the petitioner to file this writ petition. Mr. P. Kumar filed his counter affidavit on behalf of U. P. S. R. T. C. and stated that the petitioner had filed an application for job indicating in it his date of birth as 13-10-1939 and he also signed the service book on that dale. The said application was moved by him on 1-8-1957 and if calculations are made treating his date of birth as 13-10-1939, he was 18 years of age on the date of joining his service. In case he was born on October 13, 1941, he was less than 16 years of age at the time of joining his service and thus a minor, not eligible for recruitment and appointment. It was in this background that he was served a notice conveying to him that he was due to retire on 31-10-1997, i. e. on attaining the age of superannuation on the last day of the month in which he was born. Therefore, he cannot be permitted to take advantage of his own mistake as employment cannot be given to a minor. Whatever the date of birth was recorded by the petitioner in his application would be treated to be final. The petitioner had not passed High School examination. Had he obtained High School certificate, the date of birth recorded in it would have been deemed to be final but since he did not reach that stage of education and recorded his date of birth in his application form as 13-10-1939, the said entry would be taken to be as final and the petitioner can neither be permitted to challenge it nor to derive advantage of his well- deliberated admission. Now, as per the records available with the U. P. S. R. T. C. , the petitioner had superannuated in October 1997 after completing more than 40 years of service. Since the petitioner did not produce any birth certificate at the time of joining his service and subsequently manipulated entries in the record, he would not be allowed to reap out of his mischief. In view of these facts and circumstances, the writ petition is liable to be dismissed.
(3.) I have heard learned counsel for the parties and perused the record. The main ground pressed into service on behalf of the petitioner is that in his service book and school records, his date of birth was recorded as 13-10-1941 and the opposite parties have changed the said date without giving him an opportunity of hearing.;