Vikramaditya Prasad, J. - (1.) The question to be answered in this writ application is whether it was legal on the part of the respondents to make the petitioner retire from service with effect from 31.12.1996, treating him to have attained the age of 58 years, when in the service book of the petitioner, his date of birth was shown as 20.12.1955, on the basis of the medical certificate
(2.) The petitioner was appointed as temporary unskilled Khalasi on 16.12.1977. The service, book Annexure-6, which was opened on 10.1.1981, records his date of birth as 20.12.1955 (it also shows that date of birth as per the certificate given by the Doctor, Patratu Thermal Power Station, where the petitioner was posted), besides it also shows another date within bracket and 10.12. (alleged interpolation) outside the bracket and this alleged interpolation has led to this controversy.
(3.) The case of the petitioner is that subsequently in Form I of Provident Fund Form, Annexure-2, filed for nomination of the Provident Fund amount, his date of birth was recorded as 20.12.1955. On perusal of this annexure, it transpires that this form was also filed on 31.7.1981. Annexure- 1 is the medical certificate issued by the Medical Officer, PTPS, P.O. PTPS, Hazaribagh, on 20.12.1977. This is a photocopy of the original medical certificate. According to the petitioner, it was issued on 20.12.1977. This bears the LTI and the signature of the petitioner. By Annexure-3, which was an order issued on 6.10.1997 by the Electrical Executive Engineer of the respondent-Board, the petitioner was informed that the Board has determined his date of birth as 20.12.1936 and consequently, he is being treated to have been retired from service with effect from 31.12.1996. Annexure-4 shows that a Board was constituted to determine the date of birth of various employees and in that at Sl. No. 13, the name of the petitioner appears and against his name, the following is recorded:- "The date of birth Sri Sao will be verified from Patratu.";