Court No. - 38 Case :- WRIT - A No. - 2651 of 2010 Petitioner :- Harpal Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Santosh Kumar Srivastava,Alka Srivastava Respondent Counsel :- C.S.C.,Satish Mandhyan Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and Sri Kripa Shankar
Singh, learned counsel for the respondent nos. 2-4.
The petitioner claims that his date of birth has incorrectly been
recorded in the service book as 4th January, 1950 which according
to him and the school certificate is 4th January, 1955. On the said
ground the notice of retirement is sought to be challenged at the
fag end of the career of the petitioner.
Learned counsel for the petitioner contends that he moved an
application in the year 2003 itself. Even for the sake of arguments
that the application was moved in the year 2003, the same was
obviously done after 28 years of remaining in service.
In the opinion of the Court such change of date of birth is not
permissible keeping in view the law laid by the Apex Court as well
as by this Court and indicated in the case of State of U.P. and
another Vs. Shiv Narain Upadhyaya reported in 2005 (6) SCC
Page 49. Accordingly there is no occasion for this Court to
entertain the writ petition at this stage. Dismissed.
Order Date :- 21.1.2010
Shiraz