R.K. Mahajan, J. - (1.) This writ petition is unusual and extraordinary in its awn nature as this Court's experience is that the Government servants have been filing writ petitions regarding correction of date of birth to claim age benefit after superannuation on one reason or the other but this writ petition has been filed by the petitioner whose grievance is that Shri Zubair Ahmad, respondent No. 3, was born on 4.1.1941 and he joined the services in the High Court as Lower Division Clerk on 9.4.1962 on the basis of order dated 17,2.1962 as a result of competitive examination held by the High Court in April. 1961. He was appointed Bench Secretary Grade II by order dated 24.7.1979 and was also promoted as Bench Secretary Grade I on 31.5.1990. According to Gradation List of Bench Secretary Grade I (Annexure No.-2), the respondent No. 3 is placed at Sl. No. 1 and Shri Ambika Narain and Shri V. K. Pandey are placed at SI. Nos. 2 and 3 respectively.
(2.) It may be mentioned that there are two posts of Bench Secretary Grade I which are having Senior Pay Scale of Rs. 3,000-4,500, whereas the scale of Bench Secretary is Rs. 2,000-3.500. Petitioner's claim is that the respondent No. 3 manipulated his date of birth wrongly in his Service Book as 4.1.1941 when his Service Book was prepared on 19.1,1959 to get undue benefit to extend his length of service illegally. He further submits that minimum age for Joining the service for Class III and Class IV employees is 18 years. The petitioner's grievance is that the respondent No. 3 has completed more than 40 years of service and he must have completed 18 years of age when he was appointed on 1.2.1957 and the respondent No. 3 should have been retired on 31.1.1996. The petitioner further alleges that the respondent No. 3 has completed more than 40 years of service and as per rules and by any stretch of imagination, he should have been retired on 31.1.1996 instead of 31.1.1999. The petitioner further submits that he stands a fair chance as seniormost for consideration of promotion to this post which the respondent No. 3 is Illegally and without any authority occupying. In short, the claim of the petitioner is that the respondent No. 3 entered in service on 1.2.1957 when he was minor and his entry in service was illegal and ultra vires to the rules.
(3.) The petitioner has filed the present writ petition regarding his claim that he is working in Summer Vacation for the last 4-5 years and his work has been appreciated by Hon'ble Judges also and he deserves to be appointed in place of respondent No. 3. He further avers that despite representation to the Hon'ble the Chief Justice for considering him as Bench Secretary Grade I in senior pay scale, no effective action has been taken. The petitioner has filed the present writ petition for the following reliefs : "(a) issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to declare the continuation of respondent No. 3 as Bench Secretary Grade I (senior pay scale) as Illegal and without Jurisdiction and declare him to deem to have been retired having already completed more than 40 years of service. (b) issue a writ, order or direction in the nature of quo-warranto question the authority of respondent No. 3 after completing more than 40 years of service. (c) issue a writ, order or direction in the nature of prohibition restraining the respondent No. 3 from continuing on the post of Bench Secretary Grade I (senior pay scale) after completion of more than 40 years service, the full and complete length of service which a Government servant can enjoy. (d) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (e) award costs to the petitioner,";