- (1.) The petitioner an original inhabitant of Jharkand has been hounded by the respondent-Corporation where he worked; for producing a disputed false date of birth certificate at the time of entry to service in 1975. The dispute is whether it is 14th September, 1957 or 14th September, 1953. The dispute arose on a complaint made by a Union leader. Among other documents relied upon by the petitioner, the records of the Regional Provident Fund Commissioner communicated to corporation vide letter dated 23rd May, 2014 spelled out from record maintained in Form 10-D that the date of birth entered was 14th September, 1957 and pensionary benefits have been settled accordingly. The petitioner alleges that his date of birth was changed by the Corporation surreptitiously to 14th September, 1953 and he was made to retire accordingly in the year 2013.
(2.) It is the pleaded case of the petitioner that the dispute regarding date of birth has been settled more than once by different agencies including the police. The issue was firstly raised in the year 1986 in domestic setting, which was closed after proper inquiry in the same year. The case was reopened on the basis of another similar complaint made in the year 1996. An inquiry was conducted on charge sheet issued to the petitioner, which after inquiry was dropped on 8th November, 1996. Then again in the year 2001 the matter became subject of a complaint to the police by the Corporation for registration of FIR. The Senior Superintendent of Police, Ferozepur got an inquiry conducted and it was found that the allegations were false. This was in the year 2003. While this was going on, another charge sheet issued in the year 2001 against the petitioner on the same subject matter was also withdrawn on 11th October, 2006. The leader of the Workers' Union again raised the same set of allegations against the petitioner upon which the impugned order has been passed on 18th April, 2013 ordering the change of date of birth in the service book and thereupon petitioner has been retired and relieved from service.
(3.) Briefly stated, the petitioner was appointed as a Peon in the respondent Corporation on 10th March, 1975. A medical examination was conducted by the Chief Medical Officer, Sangrur and as per entry made on 9th January, 1976 in the medical certificate of fitness, the age of the petitioner was recorded as 20 years "as per his own statement and as per his physical appearance." The petitioner was schooled at a place called Pathuria, District Bokaro, Jharkhand. The primary document involved in the lis is the matriculation certificate issued by the High School at Pathuria, which records the date of birth as claimed by the petitioner. The document was called for by the Corporation from the Head Master of Pathuria High School during inquiry .who confirmed that the petitioner was 10th class pass and the certificate was genuine. Head Master confirmed from the admission register of the school that 14th September, 1957 is recorded as the student's date of birth.;