Vineet Saran, J. - (1.) Heard Sri Virendra Singh, learned Counsel for the petitioner and Sri Vivek Singh, learned Counsel appearing on behalf of the respondent-Bank. Counter and rejoinder affidavits have been exchanged and with the consent of the learned Counsel for the parties this writ petition is being disposed of at this stage.
(2.) The dispute in the present writ petition is with regard to the date of birth of the petitioner, who was an employee of U.P. Sahkari Gram Vikas Bank Limited. The petitioner joined the service of the Bank in the year 1967. He passed High School Examination in the year 1981, while in service. His date of birth recorded in the High School Certificate as well as Class IX certificate issued by the school (which was prior to his joining the service) was 26.1.1947. Even in the service book maintained by the Bank, the date of birth of the petitioner had throughout been recorded as 26.1.1947. On 15.11.2003 the Managing Director of the Bank passed an order indicating the names of 19 employees who were to retire in the year 2004. The name of the petitioner finds place at Serial No. 9 in the aforesaid order wherein his date of birth has been shown as 8.6.1946. Since according to that the petitioner was to attain the age of superannuation of 58 years on 7.6.2004, he was to retire on 30.6.2004 i.e. the end of the month on which he attained the age of superannuation. A copy of the said order was also endorsed to the concerned officers of the Bank under whom the said employees were working to enable them to certify the correctness of the date of birth shown in the said order dated 15.11.2003.
(3.) In response to the aforesaid dated 15.11.2003, the Senior Manager of the Bank wrote to the General Manager (Administration) that as per the High School Certificate of the petitioner, his date of birth was 26.1.1947. It was also categorically mentioned that even in the service book of the petitioner the date of birth recorded was 26.1.1947. The petitioner had also on 22.11.2003 written to the Bank that his date of birth as recorded in the High School Certificate as well as service book was 26.1.1947 and the same could not be treated as 8.6.1946.;