- (1.) Order dated 5.5.2011 having been recalled vide order of date passed on Recall Application, the writ petition is restored to its original number. As requested and agreed by learned Counsels for parties, I proceed to hear this matter and decide finally at this stage, under the Rules of the Court. It is stated that service book of petitioner was prepared on 9.11.1978 and therein date of birth of petitioner was specifically mentioned as 6.6.1940 founded on Chief Medical Officer, Hardoi's certificate dated 6.6.1978 in which petitioner's age was given as 38 years. The entry in service book continued as such and there is no change or alternation, yet treating the date of birth of petitioner as of 1934, respondent-Executive Engineer has sought to retire him on 28.2.1994 alleging that the petitioner is attaining the age of 60 years in February, 1994. It is said that this order is patently illegal.
(2.) In the counter-affidavit, respondents have relied on U.P. Recruitment of Government Servants (Fixation of Date of Birth) Rules, 1974 (hereinafter referred to as "Rules, 1974") alleging that it is the date of birth mentioned in service book, entered at the time the entering in service, which has to be relied on and nothing else. Thereafter, respondents have relied on medical certificate dated 24.2.1969 in which petitioner's age was shown as 38 years and accordingly petitioner's date of birth comes to 24.2.1931. If that stands is taken to be correct, even then there was no occasion to retire the petitioner in 1994, since in 1994 petitioner, according to respondents, was already 63 years of age while in the impugned order it is said that he is attaining the age of 60 years in February, 1994.
(3.) Be that as it may, the fact remains that date of birth mentioned in service book of petitioner is 6.6.1940 and it is this date, which has to be relied on for the purpose of counting the date of retirement of petitioner particularly when it is not in dispute that no alternation or change in the service book has been made till the date the impugned order was passed. The impugned order, therefore, cannot sustain inasmuch petitioner was entitled to continue in service till the age of 60 years as per the date of birth mentioned in his service-book, i.e., 6.6.1940. In the result, the writ petition is allowed, impugned order dated 19.2.1994 is hereby quashed. Petitioner shall be entitled for all consequential benefit as if he has continued to serve the respondents till the age of 60 years as per his date of birth mentioned in service book, i.e., 6.6.1940. All consequential benefits and other retiral benefits will be paid to petitioner within three months from today.;