S. C. Mathur, AC J. - (1.) THIS petition is directed against the judgment and order of a learned Single Judge who rejected the appellant's writ petition in which the petitioner's claim was that his date of birth was being wrongly reckoned and on the basis of that date of birth he was wrongly sough to be retired on 29-2-93.
(2.) THE Uttar Pradesh Government has framed the U. P. Recruitment to Services (Determination of Date of Birth) Rules, 1974 under which finality has been given to the date of birth recorded in the service record at the time of entry of the employee in government service. THE rule puts an embargo on representation against such an entry. THE learned Single Judge as observed in his judgment and there was no dispute that the date of birth has recorded in the service record of the petitioner was the date of birth which was entered at the time of his entry into the government service. Accordingly in view of rule 2 the appellant is not entitled to raise any dispute with regard to his date of birth. Learned counsel for the appellant has submitted that finality attaches to the date of birth indicated by the government servant himself. According to him the appellant had not indicated 4-2-33 as his date of birth but he had indicated 5 1-37 as his date of birth. The rule does not contain any expression from which it may be inferred that finality attaches only to that recorded date of birth which had been mentioned by the employee himself. The finality attaches to the recorded entry. In support of the proposition that finality attaches to the date of birth indicated by the Government servant himself, the learned counsel for the appellant has cited Onkar Nath Srivastava v. State of U. P., 1990 AWC 1078. In paragraph 5 of the repent it has been observed as follows :- "The said rale provides that the date of birth as entered in the High School Certificate would be determinative, provided he has passed High School Examination at the time he joined service, and in case the employee concerned has not passed High School Examination at the time he joined service. In that event the date of birth Indicated by him and entered in the service record would be decisive for the purposes of promotion, retirement etc." (emphasised)' In the passage the words "indicated by him" have Indeed been used on the assumption that the recorded date is indicated by the Government servant himself. While applying for government service, the candidate submits the application and gives the relevant information, including the date of birth, himself. It is in this context that the said words have been used. A reading of the entire judgment would show that the Bench was of the opinion that the finality provided by the rule cannot be disturbed. If we accept the submission of the learned counsel we will be disturbing that finality. The emphasised portion is not the ratio of the judgment. Accordingly, this judgment is of no assistance to the appelant.
(3.) IN view of the above, the appeal lacks, merit and is hereby dismissed. Appeal dismissed.;