Jayant Banerji, J. - (1.) By means of this Special Appeal, the appellant-petitioner (petitioner) has challenged the judgment and order dated 5 November 2012, passed in Writ-A No.47696 of 2004 (Mohan Lal Vs. State of U.P and others) by which a learned Judge of this Court dismissed the writ petition that has been filed to challenge the order of the Principal of Hazarilal Memorial Inter College, Khaila, District Baghpat (The College) dated 23 March 2003 holding that the date of attaining the age of superannuation of the petitioner was 30 May 1994 in terms of date of birth recorded in the service book of the petitioner. The petitioner had also challenged the order dated 1 October 2004, passed by the District Inspector of Schools, Baghpat granting permission to retire the petitioner from service on 30 May 1994.
(2.) The facts as stated in the writ petition is that the petitioner was appointed in the College as Chaukidar in the year 1977 and was being paid salary regularly. By means of a letter dated 24 July 1989, the Principal of the College asked the petitioner to submit a certificate of his age. The petitioner furnished the certificate to the Principal of the College which was issued by the Chief Medical Officer of District Meerut. In this age certificate, on the basis of general appearance and physical built, the age of the petitioner was stated to be about 36 years.
(3.) Thereafter, a new Principal joined the College, who by mean of his order dated 21 March 2003 directed that since the date of birth of the petitioner as recorded in his service book is 1 June 1934, therefore, he should have retired on 30 May 1994 but till the date of the order, the petitioner was not retired and therefore, in public interest, the petitioner was retired from date of issuance of the order. It was observed in the order that his pension was to be fixed as per the date of his retirement on 30 May 1994. Several representations were made by the petitioner to the District Inspector of Schools and the Committee of Management. However, he received no response to his representations. Thereafter by means of a letter dated 1 October 2004, the District Inspector of Schools permitted the retirement of the petitioner on 30 May 1994.;