AMAR NATH TEWARI Vs. DISTRICT INSPECTOR OF SCHOOLS, SULTANPUR AND OTHERS
LAWS(ALL)-2009-7-184
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on
July 27,2009
Amar Nath Tewari
Appellant
VERSUS
DISTRICT INSPECTOR OF SCHOOLS, SULTANPUR
Respondents
JUDGEMENT
PRADEEP KANT,RETU RAJ AWASTHI,J -
(1.) THIS special appeal has been filed challenging the order dated 30.7.2008 passed by the Hon'ble Single Judge in Writ petition No. 6955 (S/S) of 2001, Amur Nath Tewari and others v. DIOS, Sultanpur and others, whereby the writ petition filed by the petitioner challenging the order dated 10.8.2001 by which the petitioner was asked to retire on 15.6.2001 on the ground that his date of birth was incorrectly and without authority changed by the school authorities from 1.1.1954 to 15.6.1941, has been dismissed.
(2.) LEARNED Single Judge dismissed this writ petition relying upon the response of the respondents according to whom the date of birth 1.1.1954 was recorded in the service book but the same was found incorrect in an inquiry conducted by the DIOS.The petitioner's High School certificate issued by the U. P. Board of High School and Intermediate Education recorded date of birth as 1.1.1954, though he cleared the High School examination, after he had joined the service but his date of birth in the service book recorded as 1.1.1954 tallied with the date of birth recorded in the High School certificate but the same was modified vide order dated 10.8. 2001 to 15.6.1941 by the school administration.
(3.) THE date of birth as recorded in the service book at the time of entry into service has to be given due sanctity and the same cannot be altered or modified either on the instance of employee or on the instance of employer unless the rules so provide and unless it is found that incorrect date of birth was recorded in the service book. In case the date of birth recorded in service book tallies with the date of birth recorded in High School certificate though High School examination might have been cleared after the employee had entered into, service there cannot be any ground for treating the date of birth so recorded in the service book as incorrect merely because some other evidence like transfer certificate from one school to another of lower class, show a different date of birth.;
(2.) LEARNED Single Judge dismissed this writ petition relying upon the response of the respondents according to whom the date of birth 1.1.1954 was recorded in the service book but the same was found incorrect in an inquiry conducted by the DIOS.
(3.) THE date of birth as recorded in the service book at the time of entry into service has to be given due sanctity and the same cannot be altered or modified either on the instance of employee or on the instance of employer unless the rules so provide and unless it is found that incorrect date of birth was recorded in the service book. In case the date of birth recorded in service book tallies with the date of birth recorded in High School certificate though High School examination might have been cleared after the employee had entered into, service there cannot be any ground for treating the date of birth so recorded in the service book as incorrect merely because some other evidence like transfer certificate from one school to another of lower class, show a different date of birth.;
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