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Judgment
The matter comes up for consideration on an application under Article 226 (3) of the Constitution of India seeking vacation of interim order.
The petitioner has approached this Court with an assertion made in para No.10 of the writ petition that in spite of the fact that his date of birth in all
the documents including Service Record Book, Aadhar Card, Birth Certificate etc is recorded as 27.06.1967, the respondents are going to retire him
on completion of 60 years of age with effect from 31.12.2019, considering his date of birth as 01.01.1960.
In other words, petitioner's assertion as made in para No.10 of the writ petition is that his date of birth is 27.06.1967 as recorded in various
documents, including service book as against this, a perusal of exhibit R/1, photocopy of service record reveals that petitioner's date of birth is
recorded as 01.01.1960.
During the course of arguments, learned counsel submitted that such date of birth (01.01.1960) has been recorded on the basis of Voter ID Card
which according to him, is not conclusive.
It is surprising to note that petitioner despite knowing the fact that his date of birth in service record has been entered as 01.01.1960 that too on the
basis of Voter ID Card, has neither disclosed the correct facts, nor has he enclosed copy of the Voter ID Card.
All other documents which petitioner is relying upon, except for the medical certificate (which was issued on 06.11.2003) have been issued much
after the date when the petitioner joined the service on 08.07.2002.
In prima facie opinion of this Court, petitioner has approached this Court with incorrect assertions of facts; he has not even enclosed photocopy of
Voter ID Card on the basis of which he asserts that his date of birth has been recorded in service book.
The petitioner has not made any representation before the respondents in relation to date of birth and the present petition came to be filed as late as
on 07.08.2019.
This being the position and considering other facts as noted above, the interim order dated 19.12.2019, deserves to be and is hereby vacated.
Stay petition stands dismissed.
The matter is, however, adjourned for six weeks directing the petitioner to place on record a copy of Voter ID Card.
Needless to observe that if writ petition filed by the petitioner is ultimately allowed, he will be entitled for all benefits.