Supreme Court - Daily Orders
The State Of Uttar Pradesh vs Madhu Bala on 4 July, 2019
Bench: Mohan M. Shantanagoudar, Sanjiv Khanna
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5193-5194 OF 2019
(Arising out of SLP (C) Nos.13481-13482 of 2018)
State of U.P. & Ors. etc. …
Appellants
versus
Madhu Bala … Respondent
ORDER
Leave granted.
It is seen that the date of birth originally entered in the service book of the respondent is 7.3.1955. However, at page no.2 of the service book, it has been changed to 7.3.1958. At all other places, the date of birth is shown as 7.3.1955 only and there is no change. As held by the High Court, there appears to be alteration in date of birth in service Register from 7.3.1955 to 7.3.1958.
In view of the factual situation, we do not agree with the impugned judgment passed by the High Court wherein it is Signature Not Verified Digitally signed by stated that the date of birth of the respondent is 7.3.1958. GULSHAN KUMAR ARORA Date: 2019.07.05 17:04:12 IST Reason: Accordingly, the judgment of the High Court is set aside. The appeals are allowed. There shall be no order as to costs. However, the respondent is entitled to the post-retiral benefits as per law.
Pending interlocutory applications, if any, stand disposed of accordingly.
……………………………………,J.
(Mohan M. Shantanagoudar) ……………………………………,J.
(Sanjiv Khanna) New Delhi;
July 04, 2019.
ITEM NO.48 COURT NO.14 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).13481-13482/2018 (Arising out of impugned final judgment and order dated 16-01-2018 in RA No. 14660/2017 10-11-2016 in WPSB No. 1932/2015 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) THE STATE OF UTTAR PRADESH & ORS. Petitioner(s) VERSUS MADHU BALA Respondent(s) (IA No. 28768/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 139039/2018 - EXEMPTION FROM FILING O.T.) Date : 04-07-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Ms. Srishti Singh, AOR For Respondent(s) Mr. R.B.S. Rathaur, Adv.
Mr. Nar Hari Singh, AOR UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order. There shall be no order as to costs. However, the respondent is entitled to the post-retiral benefits as per law.
Pending interlocutory applications, if any, stand disposed of accordingly.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
COURT MASTER COURT MASTER
(Signed order is placed on the file)