JUDGEMENT
Rakesh Tiwari, J. -
(1.) Heard counsel for the parties and perused the record.
The petitioner has come up in this writ petition challenging the validity and correctness of the impugned order dated 30.4.2005 passed by the Executive Engineer, Rajghat Bandh Paryavaran Bhu Arjan Prakhand Rajghat, District Lalitpur, respondent no.3(hereinafter called as Bhu Arjan Prakhand) by which he was being relieved prematurely w.e.f. 31.5.2005.
(2.) The petitioner was appointed by the Executive Engineer on work charge establishment vide appointment letter dated 14.5.1988 (Annexure-2 to the writ petition) on the post of Dak Runner in the pay scale of Rs. 225-5-250-E.B-5-275. Thereafter he was promoted on the post of work agent in the pay scale of Rs. 354-10-425-E.B.-10-454-12-514-E.B. He was again promoted on the post of Lower Division Clerk in the pay scale of Rs.354-540 vide order dated 20.12.1988 and has been retired on 31.5.2005 by the Executive Engineer in pursuance of the letter-dated 10.2.2005 issued by the Superintending Engineer Rajghat Bandh Paryavaran Bhu Arjan Prakhand District Jhansi.
(3.) The case of the petitioner is that he had passed Junior High School examination conducted by the District Inspector of Schools in 1961(appended as Annexure-5 to the writ petition) in which his date of birth is shown as 1.6.1948. When the petitioner came to know that his date of birth had been wrongly mentioned in the service records he requested respondent no.3 for correction of his age/date of birth in his service records. By letter dated 19.11.2003 the petitioner was directed by respondent no.3 to file original certificate in order to send the same for verification and correction of date of birth. Accordingly the petitioner submitted original Junior High School Certificate. Respondent no.3 by letter dated 1.1.2004 requested the Head Master of Junior High School, Dalwara, District Lalitpur to verify the certificate. The Head Master Junior, Dalwara vide letter dated 5.1.2004 duly countersigned by the Assistant Basic Education Officer, Lalitpur certified that the certificate is genuine according to the records of the Institution. Thereafter the matter was referred by the Executive Engineer, respondent no.3 to the Superintending Engineer Rajghat Bandh Mandal who in turn forwarded the same to the Chief Engineer, respondent no.2.;
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