- (1.) NARAYAN Shukla, J. Heard Mr. S. K. Tiwari, learned Counsel for the petitioner as well as the learned Standing Counsel for the respondents.
(2.) BY means of the present writ petition the petitioner has prayed for issuing a writ of certiorari thereby quashing the impugned order dated 22-3-2006, annexed as Annexure 1 to the writ petition, whereby the petitioner has been directed to submit his High School certificate to ascertain his date of birth as according to the establishment register available in the office of the Chief Medical Officer the date of his retirement is 31-3- 2006 and if he fails to submit the same he shall be retired by 31st March, 2006. The petitioner has submitted that in the first volume of petitioner's service book maintained by the respondents his date of birth is recorded as 10-12-1949 whereas the second volume of the service book mentions the date of birth as 12-3-1949, whereas in the establishment register available in the office of the Chief Medical Officer the date of birth of the petitioner has been shown as 25-3-1946 and on that basis the petitioner had been asked to retire on 31-4-2006 and accordingly he has been retired without affording reasonable opportunity to clarify the situation and without application of mind that the date of birth maintained in the first volume of the service is 10-12-1949 and according to which the petitioner would retire on 31-12-2009. The petitioner further submits that at the time of joining he submitted the High School Certificate to the opposite party No. 4 i. e. , Superintendent, Community Health Centre, Jalalpur, District Ambedkar Nagar and on the basis of which his date of birth has been recorded in the service book as 10-12-1949 and there was no occasion or justification to record the date of birth in the second volume of the service book as 10-3-1949. He was initially appointed on the post of Health Inspector on 16-9-1969 by the Additional Director, Medical and Health Services, U. P. The appointment order is on record as Annexure 4 to the writ petition. After submitting his jointing he was required to submit his High School certificate for the purposes of verification and to keep it in permanent record. The petitioner supplied the same and thus he submits that the alleged entry in second volume of service book has been manufactured for some ulterior purpose.
(3.) LEARNED Counsel for the petitioner refers the U. P. Recruitment to Services Determination of Date of Birth Rules, 1974, which is reproduced hereunder: "1. (1) Short title and commencement.-These Rules may be called the Uttar Pradesh Recruitment to Services Determination of Date of Birth Rules, 1974. (2) They shall come into force at once. 2. Determination of correct date of birth or age.-The date of birth of a Government servant as recorded in the certificate of his having passed the High School or equivalent examination or where a Government servant has not passed any such examination as aforesaid, the date of birth or the age recorded in his service book at the time of his entry into 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. 3. Overriding effect.-These Rules shall have effect, notwithstanding anything contrary contained in the relevant service rules or orders. FIRST AMENDMENT RULES, 1980 The U. P. Recruitment to Services Determination of Date of Birth, First Amendment Rules, 1980, indicates that in case an employee has not passed his High School or equivalent examination when he joined the service and passes such examination after he joined the services in that even the age indicated by the employee at the time of joining his service which was entered in service book would be the date of birth for the relevant determination of promotion, superannuation premature retirement or retirement benefit. In case an employee has passed High School Examination and thereafter he joins service, in that event the date of birth entered in the High School Certificate shall be determined and no application for correction of the same can be entertained. " I called the original record of service book, which has been placed before me. From a perusal of which it is obvious that the date of birth of the petitioner is recorded as 10-12-1949 in first volume or service book. This entry was made in the year of 1970. From a perusal of the second volume of service book it appears that the same was maintained in the year of 1985. There was no reason at all to record the different date of birth without any rhyme or reason after fifteen years. It appears that the petitioner has been retired on the basis of date of birth as shown in the establishment register maintained in the office of the Chief Medical Officer, Ambedkar Nagar, in which the date of birth has been shown as 25-3-1946. Because had the petitioner been retired on the basis of date of birth as recorded in Volume II of service book he would have been retired on 10-3-1949. Accordingly, he can be asked to retire after completing 60 years of age in March, 2009.;