Govind Mathur, J. - (1.) The Present special appeal arises out of a judgment/order dated 29.03.2018 of learned single Judge, whereby the learned single Judge has allowed the Writ-A No. 40927 of 2004 by holding that petitioner respondent is treated to be in continuous service and entitled for entire arrears including the retiral benefits treating his date of birth as 25.02.1958.
(2.) The respondent, a conductor in U.P. State Road Transport Corporation, has filed the writ petition no. 40927 of 2004 under Article 226 of the Constitution of India, challenging therein order dated 29.10.2002, passed by the Assistant Regional Manager, U.P. State Road Transport Corporation, Auraiya. By which, it was recorded that respondent's date of birth, in the service record, was wrongly mentioned as 25.01958 instead of 25.0195
(3.) Brief facts giving rise to the instant appeal are that the respondent was initially appointed as Labourer in U.P. Government Roadways in the year 1974 and, thereafter, he was promoted as a Conductor in the department in question on 29.7.198 Petitioner respondent had passed Junior High School examination from U.P. Board in the year 1971 from Abhaideopur School. The said examination of junior high school was conducted by District Inspector of Schools, Jalaun. The respondent had also passed high school and intermediate examination in the year 1980 and 1982 respectively from the Intermediate Education Board. The date of birth of the respondent was mentioned in junior high school and high school certificates as 25.2.1958. At the time of initial appointment of respondent, he had submitted his certificate of junior high school before the appointing authority, in which the date of birth of respondent was mentioned as 25.2.1958. After appointment of respondent, the appointing authority took a medical certificate from the doctor for approving the date of birth of the respondent. The respondent was not at all aware about the said report of doctor as sought by the department regarding his date of birth. A seniority list was published on 02.02.2002, by the Regional Manager, Etawah Region, Etawah and therein also date of birth of respondent was clearly mentioned as 25.02.1958.;