SIDDHARTH,J. - (1.) Heard Sri Diwakar Mishra, learned Counsel for the petitioner and learned Standing Counsel as well as Sri Mangla Prasad Rai, learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for the following reliefs: (i).Issue a writ, order or direction in the nature of Certiorari quashing the orders dated 11.12.2015 and 31.10.2011 (Annexure Nos.12 and 2 to the writ petition) passed by General Manager (Karmik), U.P. State Road Transport Corporation, Lucknow, respondent no.2, and Regional Manager, Uttar Pradesh State Road Transport Corporation, Varanasi Region, Varanasi, respondent no.3 respectively; (ii).Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay all the retiral benefits i.e., gratuity, leave encashment etc., to the petitioner within stipulated period, prescribed by this Hon'ble Court; (iii).Issue any other suitable writ, order or direction which his Hon'ble Court may deem fit and proper under the circumstances of the case; The petitioner's case is that he was appointed as Driver in the U.P. State Road Transport Corporation, Ghazipur on 25.04.1989. At the time of his appointment, is educational qualification was Class-VIII from Netaji Laghu Madhyamik Vidhayalaya Khukhundava, Copaganj, Mau. In the Transfer Certificate issued by the aforesaid Institution, the date of birth of the petitioner is 04.10.1953. The petitioner came to know that a Show Cause Notice against him has been placed on the Notice Board at the Regional Office of the Corporation at Varanasi and from the aforesaid notice, he came to know that some complaint was filed by one Gopal Saran Singh, resident of Village Jagdipur, Mau stating that the date of birth of petitioner is 13.7.1945 and on its basis, the show cause notice was issued to the petitioner regarding his date of birth. The petitioner was served with a dismissal order from service dated 31.10.2011 by the registered post, when he retired from the service of Corporation itself on 31.10.2011. The petitioner preferred Writ-A No.66105 of 2011 before this Court, which was dismissed relegating the petitioner to avail alternative remedy of departmental appeal. The departmental appeal of the petitioner was allowed and the matter was remanded to the Regional Manager of the Corporation for deciding the dispute again after affording opportunity of hearing to the petitioner. Thereafter, a Charge Sheet dated 13.06.2013 was issued to the petitioner and he submitted his reply and the enquiry officer appointed by the Corporation submitted his report dated 26.12.2013 stating that the charges against him have not been proved. The Regional Manager at Varanasi did not agreed to the finding of the enquiry officer and issued a show cause notice dated 30.08.2014 to the petitioner and the petitioner, in turn, submitted his reply stating that his date of birth is 04.10.1953. The Regional Manager at Varanasi passed the final order dated 24.08.2014 holding that the termination order of the petitioner is legal since the chares against him have been proved. The petitioner preferred another departmental appeal which was not been decided and after the direction of this Court in Writ -A No.59749 of 2015, the respondent no.2 dismissed the appeal on 11.12.2015. As per the Government Order dated 13.03.1992, any action against an employee should be taken before 3 years of his retirement and therefore, his dismissal from service on the last date of service is illegal.
(3.) The respondents have filed their Counter Affidavit stating that the complainant Gopal Saran Singh made the complaint annexing there with the letter of District Basic Shiksha Adhikari, Mau dated 22.09.2011 proving that the petitioner has passed Class-V in 1957 and thereafter he got admission in Sukhnandan Inter College, Math Mohammadpur, District Mau, where his date of birth is mentioned as 13.07.1945. Thereafter a preliminary enquiry was made and the services of the petitioner was terminated, his department and revision were dismissed on merits and he has alternative remedy of approaching the Labour Court. The petitioner secured job by showing his date of birth as 04.10.1953 when his correct date of birth is 13.07.1945. Hence the writ petition may be dismissed on the ground of alternative remedy.;