SAURABH SHYAM SHAMSHERY,J. - (1.) This writ petition has been filed, inter alia, for the following reliefs :- (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.12.2016, passed by respondent No.1-Superintending Engineer, Varanasi Circle, Public Works Department, Varanasi. (ii) Issue a writ, order or direction in the nature of mandamus, restraining the respondents from interfering in the functioning of petitioner on the post of Class-IV employee and to give all service benefits including salary.
(2.) The factual matrix of the present case is as follows; (A) The father of the petitioner died in harness on 06.3.2008, while working on the post of Beldar in Public Works Department, leaving behind petitioner, his mother and his sisters. (B) The petitioner thereafter, applied for appointment under dying in harness Rules. While applying, he submitted a marksheet of 8th class, issued from Bal Vidya Mandir, Purva Madhyamik Vidyalaya, Sakaldeeha, Chandauli, in the year 2005 which mentioned his date of birth as 7.4.1989. On basis of the said application the petitioner was granted appointment on the post of Meth vide appointment letter dated 1.7.2008, treating his date of birth as 7.4.1989 and accordingly considering him to be more than 18 years. Thereafter, the petitioner joined the service. (C) It appears that an complaint was filed with the concerned department, alleging that the petitioner had appeared in the 10th Class examination. However, he got failed and in the marksheet his date of birth was mentioned as 7.4.1992 and as such on the date of issue of appointment letter the petitioner was less than 18 years and as such the petitioner had misled the authorities and got appointment on the basis of incorrect date of birth. The respondent No.2 on the basis of the complaint, after considering the High School marksheet, came to conclusion that the petitioner had got the appointment on the basis of misrepresentation and he was less than 18 years on the date of appointment and therefore, he was not eligible for appointment. Therefore, the respondent No.2 passed the impugned order dated 1.12.2016 and terminated the petitioner from service. Being aggrieved by the impugned termination order, the petitioner has approached this Court by way of filling the present writ petition seeking aforesaid reliefs.
(3.) The petitioner has filed a supplementary affidavit on 10.1.2017, wherein he annexed a marksheet issued by the Board of High School and Intermediate Education for the High School Examination 2008 in which his date of birth was mentioned as 7.4.1992. It was also mentioned in the supplementary affidavit that the petitioner got failed in Class X and as such no certificate was issued by the Board.;