- (1.) The writ petitioner has described himself as Ganga Prasad alias Ganga Ram Yadav S/o Ram Narayan Yadav, R/o Village ? Gendua, Post Office ? Bhitia Kalan, Tehsil ? Menhdawal, District ? Sant Kabir Nagar. At the time, when he filed the writ petition in the year 2003, he was working as Helper Group 'B' at Ganga Setu Saidpur, District Ghazipur. He has challenged orders dated 30 th April, 2003 and 6th of May, 2003, whereby his representation made against proposed retirement has been rejected and he has been made to retire at the age of 58 years w.e.f. 31st of May, 2003. Petitioner's date of birth has been treated by the respondents to be 3.5.1945 while according to petitioner his date of birth is 1.1.1965.
(2.) Relevant facts which emerge from a perusal of record are taken note of at the outset. It is admitted that petitioner was initially appointed as a daily-wage employee in the U.P. Bridge Corporation Ltd. Gorakhpur in 1984. Having continued for about three years, the petitioner was placed in the category of monthly paid Helper in Group 'B' in 1987. His status was altered w.e.f. 1.4.1987. According to respondents, the petitioner's service book was prepared at that stage. The petitioner continued in service and was transferred to Deoria in 1996. He was thereafter transferred to Mathura on 16.3.1998. It appears that the Contributory Provident Fund of the petitioner was not being deducted and, therefore, the authorities of the Corporation stationed at Mathura, called for original service records of the petitioner for such purposes and the same was received sometime in 1998-99. It is at this stage that respondents determined petitioner's date of birth as 3.5.1945. According to respondents, this date of birth was recorded from the very initial stage when the service book was prepared in 1987.
(3.) The respondents have also produced original service book and other records of the petitioner alongwith which a certificate of a doctor has been produced which bears 3.5.1990 as the date. The name of person examined medically by the doctor is mentioned as Ganga Ram and in the parentage part, the name appears to have been scored off, and in a different handwriting, the father's name is mentioned as Ram Narayan. The doctor appears to have opined that age of the person examined is about 45 years. The certificate bears the signatures of one Ganga Ram. The certificate is issued by the Chief Medical Officer, Deoria. It may be noticed at this stage that petitioner was not posted at Deoria on 3.5.1990, rather, he was posted at Gorakhpur. Petitioner is otherwise not a resident of Deoria.;