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2002 DIGILAW 938 (ALL)

RAM DAYAL GUPTA v. DISTRICT INSPECTOR OF SCHOOLS, FIROZABAD

2002-08-01

RAKESH TIWARI

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RAKESH TIWARI, J. ( 1 ) HEARD counsel for the parties and perused the record. By means of this writ petition, the petitioner has prayed for quashing the impugned notice dated 29. 9. 95 (Annexure-6 to the writ petition) given by the Manager Sri P. D. Jain Inter College, firozabad. ( 2 ) BY the impugned notice the petitioner has been informed that when the office was preparing his papers after his retirement on 30 June, 1995 pertaining to the retiral benefits it has come to the knowledge that his actual date of birth was 1. 10. 29. It is alleged that the petitioner had concealed his date of birth and had for ulterior motive gave a wrong date of birth as 1st October, 1934 in the service book and by the aforesaid act he has taken benefit of five years. He has thus illegally withdrawn wages for the period from 1 July, 1990 to 30 June, 1995 amounting to Rs. 2,80,706. 00. The petitioner was directed to submit his explanation with 3 days failing which legal action was to be taken. ( 3 ) HE was appointed on 13. 7. 59 on probation for one year in L. T. grade in Sri p. D. Jain Inter College, Firozabad for teaching biology subject. The petitioner was confirmed and has retired from the college. ( 4 ) THE petitioner states that his date of birth is 1. 10. 34. He further states that he had passed the High School examination in the year 1949 from Narain intermediate College, Sikohabad. He has also annexed Photostat copy of the High school Certificate (Annexure-2 to the writ petition) in which his date of birth is mentioned as 1. 10. 34. He has also annexed Photostat copy of the service book in which his date of birth was recorded as 1. 10. 34 according to the petitioner has completed the age of 60 years on 1. 10. 94 but as this date fell in the midth of the session he continued till the end of session and was retired on 30. 6. 95. ( 5 ) THE petitioner further states that he has been given no dues certificate by the Principal of the College, therefore, he is entitled to the post retiral benefits consisting of P. P. etc. on the basis of actual date of retirement on 30. 6. 95. 6. 95. ( 5 ) THE petitioner further states that he has been given no dues certificate by the Principal of the College, therefore, he is entitled to the post retiral benefits consisting of P. P. etc. on the basis of actual date of retirement on 30. 6. 95. He further submits that he had submitted the papers for the payment of post retiral benefits but the same has not been paid and instead the petitioner has been served with the impugned notice dated 29. 9. 95. ( 6 ) IT is settled law that the date of birth recorded in the service book has to be taken as authentic for the purpose of superannation. The petitioner had passed the High School examination before entry in service. The service book also shows the date of birth of the petitioner as 1 october, 1934. Even if the averments made in the impugned notice are taken to be gospel truth recovery cannot be made as the petitioner has actually worked in the institution for the period from 1st July, 1990 to 30 June, 1995. ( 7 ) THE petitioner has relied upon a decision of the Division Bench of this court in Adhishasi Abhiyanta electricity Riband and Hydel Civil division UP State Electricity Board allahabad and another vs. Shitla prasad and another, 1194 AWC-468 in which it has been held that finality attaches to the date of birth as recorded in the service book and the same cannot be disturbed on a subsequent plea by the employee that it has been wrongly recorded. The date of birth recorded in the service book of an employee is final and shall be taken to be his correct date of birth. I am of the firm opinion that the date of birth of an employee recorded in the High School Certificate before his entry in service is to be taken as authentic date of birth. ( 8 ) IN view of the aforesaid facts I hold that the date of birth of the petitioner is 1 October, 1934 and he is entitled to the post retirement benefits which can not be withheld by the respondents on the basis of the ground taken in the impugned notice. ( 9 ) IN view of the above, the writ petition succeeds and is allowed. ( 9 ) IN view of the above, the writ petition succeeds and is allowed. The respondents are directed to pay all the retirement benefits to the petitioner on the basis of his date of birth recorded as 1. 10. 34 along with 12% interest within a period of three months from the date of production of a certified copy of this order. No order as to costs. .