- (1.) O. P. Garg, J. By means of this writ petition under Article 226 of the Constitu tion of India, it is prayed that the order dated 10-2-1994, contained in Annexure 3 to the writ petition, passed by the Deputy Director of Education (for short 'dde"), Vllth Region, Gorakhpur-respondent No. 1 and the order dated 15-3-1994, con tained in Annexure 5 to the writ petition, passed by District Inspector of Schools (for short 'digs'), Deoria respondent No. 2, be quashed.
(2.) COUNTER and rejoinder affidavits have been exchanged. Heard Sri Amar Nath Tewari, learned Counsel for the petitioner as well as Sri Amar Nath Misra, learned Counsel for the respondent No. 3and learned Standing Counsel on behalf of respondent Nos. 1 and 2, at considerable length. Briefly stated, the facts of the case are that respondent No. 3, Ramjit, was appointed as Class IV employee in Janta Uchchtar Madhyamik Vidyalaya, Baikunthpur, District Deoria on 1-10-1975 and his date of birth on the basis of School Leaving Certificate was mentioned as 25-6-1933. On attaining the age of superannuation, i. e. , 60 years, Ramjit was superannuated on the last date of the month, i. e. , on 30-6-1993. A dispute about the date of birth of Ramjit-respondent No. 3 was raised. According to him, his correct date of birth was 18-8-1942 and, therefore, he could not be superannuated on 30-6-1993. It was alleged that certain manipula tions were made in the School records by erasing 18-8-1942, which was originally mentioned as the date of birth and by sub stituting it by 25-6-1933. An enquiry into the matter was instituted by DDE who by his letter dated 10-2-1994 directed the DIGS to take necessary action by treating the correct date of birth of Ramjit as 18-8-1942. The DIOS issued the impugned order dated 15-3-1994 and directed the Manager of the institution to treat Ramjit in service and to make payment of his salary as his correct date of birth was 18-8-1942, meaning thereby Ramjit could not be superannuated on 30-6-93. Learned Counsel for the Commit tee of Management urged that it was beyond the competence of the DDE to have determined the date of birth of Ram jit as 18-8-1942 and to issue directions to the DIOS and that since the order super annuating Ramjit on 30-6-1993 has be come final and remains unchallenged, at any stage, there was no occasion for cor recting his date of birth. It was also urged that with regard to class IV employees of an institution, the respondent Nos. 1 and 2 have no control and in any case, they are not legally entitled to correct the date of birth of respondent No. 3 Ramjit.
(3.) LEARNED Counsel for the petitioner took me through the School Leaving Certificate (Annexure 1 to the writ petition) in which the date of birth of the respon dent No. 3 has been mentioned as 25-6-1933 and the letter dated 2-3-1994 (An nexure 4 to the writ petition) addressed by the Manager of the institution to the DIGS with which a Photostat copy of the option of pay determination in form 'cha' submitted in the year 1982 was annexed. In this proforma, the date of birth of the respondent No. 3 has been shown as 25-6-1933. According to the learned Counsel for the petitioner, the date of birth of the respondent No. 3 was correctly shown in the year 1982 and there was no occasion to manipulate the date of birth in the year 1982 as there was no dispute between the parties. It was also pointed out that the option form is duly signed by the respon dent No. 3, Principal of the College and this then DIGS. Reference was also made to Annexure C. A. 9 to the counter-af fidavit of respondent No. 3, Ramjit. It is a Photostat copy of the particulars of the employee. The date of birth mentioned therein as 23-6-1933 has been scored out at two places and 18-8-1942 has been sub stituted and counter signed by the Prin cipal in the year 1991. On the strength of the above documents, the learned Counsel for the petitioner urged that it is well es tablished that the correct date of birth of the petitioner was 25-6-1933 and not 18-8-1942, as directed to be corrected by the respondent Nos. 1 and 2. The seemingly simple submission made by the learned Counsel for the petitioner is not accept able as from the facts, which may be nar rated presently there is an entirely dif ferent picture of the controversy. Originally, one Gopal Prasad Gupta was Principal of the College. It has come on record that during the tenure of Sri Gupta, a number of frauds were com mitted and documents interpolated. Ultimately, the services of Sri Gupta were terminated after due approval by the DIOS. Prior to the alleged superannua tion of respondent No. 3, on 30-6-1993, he had addressed an application to the Prin cipal of the College that his date of birth, which was 18-8-1942 and was entered in his service record, was deliberately and with a view to damage him, was changed to 25-6-1933. He filed a copy of the Kutumb register. There were other employees also, whose dates of birth were interpolated. The Committee of five teachers of the School was constituted to go into the mat ter. Annexure C. A. 6 to the counter- af fidavit of respondent No. 3 is the report of enquiry in which it was mentioned with regard to the date of birth of respondent No. 3 that the entry of 25-6-1933 is doubt ful and suspicious and correct date of birth should be taken as 18-8-1942. On the basis of this report of the Committee, the cor rect date of birth, i. e. , 18-8-1942 was incor porated in the service record of respon dent No. 3 and was duly counter signed by the principal. The case of the petitioner that the date of birth of respondent No. 3 as 25-6- 1933 was mentioned on the basis of the entry made in the School Leaving Certificate is further belied from the let ter, contained in Annexure C. A. 2 to the counter- affidavit, addressed by Head Master, Primary Pathshala, Noonkhar, Deoria that the name of Ramjit is not entered at serial number 85 in the School's recordsand that the transfer certificate is forged and fictitious. This reply was sent by the Head Master, Primary Pathshala, Noonkhar, Deoria to the Principal of Janta Uchchtar Madhyamik Vidyalaya, Baikunthpur District Deoria in reply to the letter dated 30 -4-1994. In view of letter at Annexure C. A. 2 to the counter-af fidavit, the very foundation on which date of birth of the respondent No. 3 was men tioned as 25-6-1933 (sic) shattered. Even the transfer certificate was found to be forged and consequently, there was no basis to record the date of birth of respon dent No. 3 as 25-6-1933. In the Kutumb register, the date of birth of respondent No. 3 Ramjit (Annexure C. A. 4 to the counter-affidavit) is mentioned as 18-8-1942. This has been treated to be the cor rect date of birth and as was originally recorded in the service record. The report submitted by the Principal of the College to the Management was approved by Srikant Jaiswal, Manager of the Managing Committee on 2-1-1991 vide Annexure C. A. 8. From the various annexures an nexed to the counter-affidavit of Ramjit it is well established that his date of birth was, in fact, 18-8-1942 and this was this date, which was originally recorded in the service records of the College. As a result of certain manipulation and machina tions, the said date of birth came to be interpolated the reasons there for are not too far to seek as 25-6-1933. This interpo lated date of birth was obviously wrong and incorrect. On the representation of the respondent No. 3 the enquiry was made and the date of birth as 18-8-1942 was incorporated as it corresponds to the date of birth mentioned in the family register. The Manager of the petitioner-Committee was fully aware of this development and, as a matter of fact, the Principal of the College brought the above facts to his notice. After having come to know of the correct facts, it does not lie in the mouth of the Manager to assert that the date of birth of respondent No. 3 was 25-6-1933 and on this basis, he had been superannuated on 30-6-1993.;