Vishnu Prasad Patel Vs. General Manager - Court Judgment

SooperKanoon Citationsooperkanoon.com/1047294
CourtMadhya Pradesh High Court
Decided OnFeb-25-2013
AppellantVishnu Prasad Patel
RespondentGeneral Manager
Excerpt:
writ petition no.1999/201”25. 02.2013 shri suyash tripathi, learned counsel for the petitioner. shri rajas pohankar, learned counsel for the respondents. a response has been filed by the respondents after obtaining instructions. it is contended in the reply that the service book of the petitioner was prepared at the relevant time mentioning the date of birth and, therefore, it cannot be said that declaration recorded in the service book is incorrect. however, it is not in dispute that only the age of the petitioner was recorded on the date when the service book was prepared mentioning that the petitioner was 25 years as on 18.02.1978. there is nothing indicated as to whether any enquiry with respect to the claim made by the petitioner in respect of date of birth was conducted by the respondents. it is the case of the petitioner that the date of birth as was reflected in his official documents was not taken note of, though the same tallies with the date of birth mentioned in other certificates which the petitioner has produced. even the respondents have issued an identity card on the basis of form-b, which is a statutory document categorically contending that the date of birth of the petitioner is 01.09.1955. thus, it is contended that an enquiry in respect of the date of birth of the petitioner was necessary but without conducting such an enquiry, the notice of retirement of the petitioner has been issued writ petition no.1999/2013 2 on the basis of incorrect date of birth recorded in the service book by the respondents. this being so, the writ petition is disposed of with a direction to the respondents to conduct an enquiry with respect to verification of the date of birth of the petitioner, taking into account relevant documents produced by the petitioner and to take a final decision within a period of one month from today. in case it is found that the date of birth of the petitioner is 01.09.1955, necessary corrections be done in the service book and petitioner be allowed to remain in the employment till he attains the age of superannuation on the basis of aforesaid date of birth. till aforesaid enquiry is completed and final order is passed, petitioner be allowed to continue in the employment. with the aforesaid, the writ petition is finally disposed of. certified copy as per rules. (k.k.trivedi) judge skc
Judgment:

WRIT PETITION No.1999/201”

25. 02.2013 Shri Suyash Tripathi, learned Counsel for the petitioner.

Shri Rajas Pohankar, learned Counsel for the respondents.

A response has been filed by the respondents after obtaining instructions.

It is contended in the reply that the service book of the petitioner was prepared at the relevant time mentioning the date of birth and, therefore, it cannot be said that declaration recorded in the service book is incorrect.

However, it is not in dispute that only the age of the petitioner was recorded on the date when the service book was prepared mentioning that the petitioner was 25 years as on 18.02.1978.

There is nothing indicated as to whether any enquiry with respect to the claim made by the petitioner in respect of date of birth was conducted by the respondents.

It is the case of the petitioner that the date of birth as was reflected in his official documents was not taken note of, though the same tallies with the date of birth mentioned in other certificates which the petitioner has produced.

Even the respondents have issued an identity card on the basis of Form-B, which is a statutory document categorically contending that the date of birth of the petitioner is 01.09.1955.

Thus, it is contended that an enquiry in respect of the date of birth of the petitioner was necessary but without conducting such an enquiry, the notice of retirement of the petitioner has been issued WRIT PETITION No.1999/2013 2 on the basis of incorrect date of birth recorded in the service book by the respondents.

This being so, the writ petition is disposed of with a direction to the respondents to conduct an enquiry with respect to verification of the date of birth of the petitioner, taking into account relevant documents produced by the petitioner and to take a final decision within a period of one month from today.

In case it is found that the date of birth of the petitioner is 01.09.1955, necessary corrections be done in the service book and petitioner be allowed to remain in the employment till he attains the age of superannuation on the basis of aforesaid date of birth.

Till aforesaid enquiry is completed and final order is passed, petitioner be allowed to continue in the employment.

With the aforesaid, the writ petition is finally disposed of.

Certified copy as per rules.

(K.K.Trivedi) Judge Skc