- (1.) The petitioner is seeking quashing of the order dated 29.6.2015 whereby he has been informed that he would be retiring on 30.6.2015 on completing the age of superannuation of 60 years.
(2.) As per the averments of the writ petition, the petitioner was engaged as a work charge employee on 16.5.1985 and his services were regularized on 1.2.1999. It is stated that at that time his age was determined to be 34 years by the Chief Medical Superintendent, District Hospital, Moradabad. It is also stated that the petitioner had submitted his school leaving certificate in which his date of birth was recorded as 1.11.1965 but on 10.12.2010 the Executive Engineer, P.W.D. II Construction Division informed the petitioner that his date of birth in his service book has been recorded as 11.6.1955. The petitioner submitted a representation regarding correction of his date of birth but when no action was taken he submitted an application on Tehsil Diwas on 16.12.2014 before the S.D.M. Sambhal to enquire into the matter of his date of birth as well as his Transfer Certificate. It is stated that the Divisional Education Officer, Sambhal addressed a letter dated 1.1.2015 to the Prabhari Adhikari, Tehsil Diwas, Sambhal in which it was stated that according to the records of the Primary School, Mahmoodpur, Imma, Sambhal the date of birth of the petitioner is 1.11.1965. It is stated that thereafter the Executive Engineer, Construction Division sent a letter on 19.3.2015 to the Law Officer (Central Zone), P.W.D. Lucknow for his opinion with regard to the date of birth of the petitioner and upon examination it was held that the date of birth recorded at the time of regularization of service and preparation of service book would be final and the date of birth '1.11.1965' was recorded in his service book at the time of preparation of service book which has been held to be correct and final date of birth.
(3.) A counter affidavit has been filed on behalf of the respondents in which it has been stated that the petitioner was working as Beldar on work charge basis. He produced a medical certificate dated 11.6.1990 and 16.8.1990 issued by the Chief Medical Officer, Moradabad wherein his age has been disclosed to be 35 years and according to the medical certificate his date of birth was recorded as 11.6.1955 in his service book. Besides at the time of preparation of the service book the petitioner did not produce any Educational Certificate or Transfer Certificate issued by any School showing his date of birth to be 1.11.1965 and it is only when he was regularized in the year 1999 that he submitted a School Leaving Certificate of VIII Class dated 11.6.1997 issued by the Head Master of the Junior High School, Narauli District Moradabad in which his date of birth has been mentioned as 1.11.1965. In paragraph 5 of the counter affidavit it is also stated that in 1999 when the petitioner was regularized he produced a Medical Certificate dated 17.5.1999 issued by the Chief Medical Superintendent District Hospital Moradabad wherein his age was mentioned as 34 years. It is also stated that on the basis of the School Leaving Certificate of 11.7.1997 the date of birth of the petitioner was altered to 1.11.1965 but subsequently on tallying of the certificate on record an order was passed on 10.12.2010 informing the petitioner that his date of birth would be treated to be 11.6.1955.;