Court No. - 22 Case :- SERVICE SINGLE No. - 5191 of 2010 Petitioner :- Brij Veer Singh Respondent :- State Cane Service Authority Through Its Secretary Lko.&Ors. Petitioner Counsel :- D.K.Srivastava Respondent Counsel :- K.S.Pawar Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the parties.
Appearance on behalf of opposite parties no.1 to 4 has been put in by Sri
K.S. Pawar, who prays for and is granted four weeks’ time for filing counter
affidavit. Petitioner may file rejoinder affidavit within two weeks thereafter.
List after expiry of the aforesaid period.
Submission of learned counsel for the petitioner is that in spite of the letter
written on 15.7.2010 by the Secretary, State Cane Service Authority to the
District Cane Officer in regard to the change of date of birth of the petitioner,
no decision has been taken and the petitioner is sought to be retired on
31.7.2010 on the basis of the notice issued on 15.4.2010.
The claim of the petitioner is solely based on the High School certificate.
Learned counsel for the petitioner states that the petitioner entered into service
on the basis of the aforesaid certificate and according to the said certificate,
the date of birth of the petitioner is 2.7.1955 but anyhow the service book
which was prepared in the year 1987 an entry was made in regard to the date
of birth of the petitioner as 2.7.1950.
It appears that some fault was committed by the authorities while making
entry in the service book in the year 1987. When the petitioner was having
High School certificate and the entry made in the High School certificate has
to be treated for all purposes in regard to the determination of date of birth.
Since the District Cane Officer has failed to take any decision in the matter,
therefore, as an interim measure, it is provided that the petitioner will
continue in service for a period of three months after the alleged date of
retirement and the District Cane Officer will take a decision in the case of the
petitioner in pursuance to the letter dated 15.7.2010 within a period of six
weeks from the date a certified copy of this order is produced before him. In
case the District Cane Officer fails to take a decision within the aforesaid
period of six weeks, it will be open for the higher authority i.e. State Cane
Service Authority to take a decision in the matter within next six weeks.
Order Date :- 29.7.2010
RBS/-