CHAMEL SINGH Vs. STATE OF HIMACHAL PRADESH AND ANR.

JUDGEMENT

(1.) PETITIONER was engaged on daily wage basis as Beldar in the Respondent No. 2 -Municipal Council. He was regularized on 20.10.1999. He filed an affidavit disclosing his age to be 15.02.1954. Respondent No. 2 sought the clarification from the office of Executive Engineer (Mechanical), H.P. P.W.D., where the Petitioner's younger brother was working. The Respondent No. 2 was informed by the Executive Engineer (Mechanical), H.P. P.W.D. on 20th June, 2002 that Petitioner's younger brother, namely, Shri Prem Chand had already retired from service after attaining the age of superannuation on 30.05.2002.

(2.) MR . Bimal Gupta, learned Counsel for the Petitioner has strenuously argued that the date of birth of his client is 15.02.1954 and on that basis, he could not be retired on 30.09.2002.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.