DEVI LAL Vs. STATE OF MP
LAWS(MPH)-2015-3-76
HIGH COURT OF MADHYA PRADESH
Decided on March 04,2015

DEVI LAL Appellant
VERSUS
STATE OF MP Respondents




JUDGEMENT

- (1.)Petitioner was working as a Peon in District Hospital Bhanwra, Tehsil Ashta, District Sehore and vide order-dated 13.5.2008 treating his date of birth as recorded in the service book to be '1.6.1946', he has been retired from service. Claim of the petitioner is that as per Medical Officer's Report, his age was recorded as 30 years as on '12.2.1958' and claiming correction of this date of birth when an application was filed just before the date of retirement, the respondents having rejected the application, petitioner has filed this writ petition.
(2.)Shri Sanjay Singh, learned counsel for the petitioner, invites my attention to the date of birth recorded in the service book Annexure P/1 as '1.6.1946' an points out that petitioner was not aware of this date of birth being entered. When he entered the service, he was sent for medical examination vide Annexure P/2 on 30.1.1988, and in this communication while sending the petitioner for medical examination, it was clearly indicated that the age of the petitioner should be examined and a report submitted. It is stated that the Chief Medical and Health Officer, Sehore vide certificate Annexure P/3 certified the age of the petitioner as 30 years as on 12.2.1988 and instead of correcting the date of birth accordingly, the respondents are taking action for retiring him. Accordingly, when the retirement notice was given, petitioner submitted the representation Annexure P/4 on 25.2.2008 alongwith his affidavit and when action was taken, this petition was filed.
(3.)Placing heavy reliance on the medical certificate Annexure P/3 and the age of the petitioner indicated therein as 30 years, relief is sought for in this petition to say that the entry of date of birth as '1.6.1946' is not correct.


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