Saiyed Saghir Ahmed, Brijesh Kumar, JJ. - (1.) THE petitioner who was Head Constable, in Armed Police and was posted at Police Training Centre, Sitapur has by means of the petition under Article 226, Constitution of India, challenged his retirement from service. It is contended by him that at the time of entry into service in 1951 he had given out his age as 22 years add, therefore, his year of birth would be 1929 and not 1926. It has been stated by the opposite parties in the counter affidavit that the petitioner who was enrolled on 21 -9 -51 had, no doubt, stated that he was 22 years of age but he was reported by the Civil Surgeon to be a man of 25 years at the time of enlistment and, therefore, his date of birth was mentioned as 21 -9 -26 in the character roll on which petitioner's left thumb impression as also his natures were taken. He was, therefore, rightly retired from service on attaining the age of 58 years on 30 -9.84.
(2.) BY an order dated 6 -8 -84 the standing Counsel was directed to produce the service record before the court. It has been produced before us and we have looked into it. The relevant entries with regard to the petitioner's age on the first page of the service book are as under: Above these entries is written "21st September, 1926" in an entirely different ink and not in the ink in which all other entries have been made. Even the petitioner's signature are in the original ink and not in the ink in which "21st September 1926" has been written or the figure "25 years" has been written.
(3.) U .P. Recruitment to Services (Determination of Date of Birth) Rules, 1974, as amended in 1980, provides as under: 2. The date of birth of a Government servant as recorded in the certificate of his having passed the High School or equivalent examination at the time of his entry into the Government service or where a Government servant has not passed any such examination as aforesaid or has passed such examination after joining the service, the date of birth or the age recorded in his service book at the time of his entry into the Government service shall be deemed to be his correct date of birth or age, as the case may be, for all purposes in relation to his service, including eligibility for promotion, superannuation, premature retirement or retirement benefits, and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever.;