V.K. Shukla, J. - (1.) Shiv Charan, Petitioner has approached this Court questioning the validity of the action taken by the Executive Officer, Nagar Palika Parishad Lalitpur dated 13.10.2005 by means of which directives have been issued for superannuating the petitioner by treating his correct date of birth as 20.10.1944 and completing age of 60 years on the said date.
(2.) Brief background of the case as mentioned in the instant writ petition is that petitioner has been appointed on class IV post as Sweeper at Nagar Palika Parishad, Lalitpur on adhoc basis and subsequently his service were confirmed against the substantive vacancy. In the service book of the petitioner at the time of entry, date of birth of the petitioner was recorded as 02.08.1948 and in terms of the provision as contained under Retention and Retirement of Servants of Municipal Board Regulation 1965 the age of superannuation of petitioner as per 60 years would be 02.08.2008. Petitioner received show cause notice on 27.09.2005 asking the petitioner to show cause as to why his services may not be terminated on the ground of attaining 60 years of age on the basis of date of birth as 20.10.1944. As per show cause notice Principal of Adarsh Vidyalaya Lalitpur has verified school leaving certificate of the petitioner wherein date of birth of the petitioner was shown as 20.10.1944. Petitioner has contended that on 28.09.2005 request was made for supplying the copy of the complaint and alleged Transfer Certificate and further prayer was made for according fifteen days time for filing reply to said show cause notice. Petitioner has contended that required papers were not supplied to him and in the absence of the same as time was coming to an end reply was submitted on 29.09.2005, reserving right to file additional reply. Petitioner has contended that thereafter he received communication dated 13.10.2005 informing and intimating him that he has attained the age of 60 years on 31.10.2004 assuming the date of birth as 20.10.1944 as mentioned in the school leaving certificate as correct and his services are terminated as age of superannuation has been attained. At this juncture present writ petition has been filed.
(3.) On presentation of present writ petition before this Court on 14.12.2005 passed following order was passed which is being quoted below: "Issue notice to respondent no. 1. Steps be taken within one week. Respondents are allowed one month's time to file counter affidavit. The learned counsel for the petitioner contended that the date of birth recorded in petitioner's service book as 02.08.1948 has been changed by the Executive Officer as 20.10.1944 on the basis of a complaint submitted by one Puran Lal. It is submitted that neither copy of the complaint nor copy of the alleged school leaving certificate on the basis of which the date of birth of the petitioner has been changed has been given to the petitioner. It is submitted that from the time of entry into service of the petitioner, the date of birth has been continuing for last several decades and at no point of time any objection has been raised. On the above submission the petitioner has made out a case for grant of interim order relief. List this writ petition on 23.01.2005. Till 31.01.2005, the impugned order dated 13.10.2005 (annexure-5) shall remain stayed.";