Gopalji Mehrotra, J. - (1.) THIS is a petition under Article 226 of the Constitution praying that (a) a writ of mandamus be issued to the opposite parties, the Administrator, Municipal Board, Allahabad and the State of UP to treat the applicant as continuing in service of the Municipal Board until his services come to an end in accordance with law; (b) a writ in the nature of certiorari be issued to quash the order of the Administrator dated 26 -4 -1954 and the order of the State Government dated 9 -1 -1956.
(2.) BRIEFLY the facts are that the Petitioner entered in the service of the Municipal Board, Allahabad to the year 1927. At the time of his recruitment in service the Petitioner gave the year of his birth as 1894 and his service book was maintained on that basis. On the basis of the date of birth given by him when he entered into service he was due to retire on 6 -3 -1954. Every year in April a list is prepared to be put up before the Chairman of all the employees who are due to retire next year and consequently like list was put up before the Chairman of all the employees including the Petitioner who was due to retire on 6 -3 -1954 in the year 1953. The Chairman of the Municipal Board made certain enquiries about the date of birth given by the Petitioner and on 24 -6 -1953 passed the following order: I have seen the letter of Superintendent, Naini Central Jail dated 9 -5 -1953 in which he has certified that the age of Sri Ali Ahmad Siddiqi at the time of admission to that Jail on 2 -11 -1921 was 22 years. Necessary correction of birth year may be done in his service book accordingly. It appears that the Petitioner was tried by a Special Tribunal in Mandalay Fort in Burma in the year 1917 and was sentenced to death, subsequently commuted into transportation for life. He remained in Andaman Islands. There after four years stay he was transferred to Naini Central Prison in November 1921. At the time when he was brought to Naini Central Prison, Allahabad, certain enquiries were made about his age and on the basis of that enquiry the Superintendent, Naini Central Prison had come to the conclusion that the Petitioner's age was 21 year in November 1921. On an enquiry made in the year 1953 this information was given by the Superintendent, Naini Central Prison to Municipal Board, Allahabad. Relying upon that information the Chairman ordered the correction of the age and in the service book the date of his birth was recorded at 6 -3 -1899 in place of 6 -3 -1894, recorded at the time of his recruitment.
(3.) IT appears that the Allahabad Municipal Board was superseded and the Administrator was appointed who was informed that corrections in the age of some of the employees were wrongly made. There after he made an enquiry into the matter and on 26 -4 -1954 he passed the following order: The ultimate position is this that on all available basis and on the basis of the entries in the service back which are admitted by Shri Siddiqi himself his date of birth is 6 -3 -1894 and under the rules as they are, this date has to be accepted for all purposes. He accordingly is declared to have attained the age of 60 years on 4 -3 -1954. As his case has been a complicated one and enquiries had to be made with regard to the attempt made to alter the date, it was impracticable to terminate his services when he, as now found, attained the age of 60 years. He was accordingly given extension and I order it to be with effect from 6 -3 -1954, upto 30 -9 -1954.;