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1978 DIGILAW 386 (MP)

Raghunandanlal v. State of M. P.

1978-04-20

G.P.SINGH, K.K.DUBE

body1978
Short Note : The petitioner was appointed Moharrir in the Octroi Department of the Municipal Council. Rajnandgaon in 1951. He was retired from service from 26th August 1971 by notice, dated 12th February 1971, issued by the Chief Municipal Officer on the ground that he would complete on that date 55 years of age. The petitioner's case is that on 18th February 1971 another notice was issued to him by the Chief Municipal Officer to get himself examined by the Civil Surgeon on the ground that no age was entered in the service book. The petitioner was examined by the Civil Surgeon on 25th March 1971. According to the Civil Surgeon, the petitioner's age was about 45 years. Held : As stated earlier, the notice, dated 12th February 1971, clearly establishes that there was an entry regarding the petitioner's date of birth in the Service Book. The second notice issued on 18th February 1971, which is a manipulated one, cannot be relied upon to show that there was no entry as to date of birth in the Service Book. The Civil Surgeon's certificate regarding the petitioner's age that it was about 45 years cannot also be relied in view of the entry regarding the date of birth of the petitioner in the Service Book. The medical opinion that a person is 45 or 55 years of age is not conclusive. Further, there is ample scope for error when opinion as to age is expressed in respect of persons coming within this age group. The petitioner has not produced before us any other evidence relating to his age He has not filed any entry from the Kotwar's register or any entry from a school register showing as to what was his date of birth. In the circumstances, we rely upon the entry in the Service Book. In our opinion, the petitioner was rightly retired from 27th August, 1971. Petition dismissed.