Kali Charan vs State of U.P.and another

S.U. Khan, J.

Heard learned counsel for the petitioner as well as learned standing counsel for the respondents.

Petitioner was appointed as wardboy in the District Hospital Shahjahanpur in the year 1973. At the time of entery in service, his date of birth in his service book was mentioned as 11.01.1940. According to the petitioner, he gave an application for correction of his date of birth as 15.05.1951 on 22.05.1992. However, it appears that in the year 1990, he had filed Writ Petition No.54652 of 1990, which was disposed of on 23.12.1999 with the direction to Chief Medical Officer, Shahjahanpur to decide the matter. The C.M.O. thereafter decided the matter against the petitioner through order dated 29.01.2000, which has been challenged through this writ petition. Petitioner also retired on 31.01.2000 on attaining the age of superannuation, i.e. 60 years.

Learned counsel for the petitioner states that on the basis of transfer certificate, copy of which is Annexure1 to the writ petition, his correct date of birth is 15.07.1951. That certificate appears to have been issued by some primary school in Jalalabad. Strangely, in Para5 of the writ petition, it is stated that petitioner''s date of birth is 11.01.1950 and due to inadvertence, in the service book, it was mentioned as 11.01.1940. On the one hand, petitioner asserts that his death of birth is 11.01.1950 and on the other hand, he asserts that it is 15.05.1951. In Annexure1, the transfer certificate, it is mentioned as 15.07.1951.

Regarding date of birth, only high school certificate has got relevance. School leaving certificates are not of much value and in any case they require to be proved by production of original register and the person who made the entry vide AIR 2006 SC 2157 "Ravinder Singh Gorkhi v. State of U. P." Absolutely, no reason has been given for giving wrong date of birth at the time of entry in service and wrong entry of date of birth in the service book. Petitioner himself gave more than one dates of his birth, when he started applying for correction of his date of birth.

Accordingly, there is no merit in the writ petition, hence it is dismissed.

However, it is directed that all retiral dues shall immediately be paid to the petitioner treating him to have validly retired on 31.01.2000. Arrears shall positively be paid within three months from the date of production of a certified copy of this order before the respondents failing which 1.5% per month interest on the arrears shall be payable since after three months from the date of production of a certified copy of this order till actual payment.