Himachal Pradesh High Court
Lachhu Ram vs State Of H.P. & Others on 11 May, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 4715 of 2022
.
Date of decision: 11.5.2023
Lachhu Ram. ...Petitioner.
Versus
State of H.P. & others. ...Respondents.
Coram
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1
For the Petitioner. Mr. I.D. Bali, Senior Advocate alongwith
Mr.Abhishek, Advocate.
For the Respondents: Mr.Pranay Pratap Singh, Additional
Advocate General.
Vivek Singh Thakur, Judge (Oral)
Petitioner has approached this Court for quashing of Office Order dated 21.3.2022, whereby he was considered as retired from Government service w.e.f. 31.3.2022 on attaining age of superannuation of 60 years on the basis of his recorded date of birth i.e. 11.3.1962.
2. Case of the petitioner is that his correct date of birth is 1.7.1963, but not 11.3.1962 and, therefore, he has been wrongly retired from service on 31.3.2022 as he was to retire on 30.6.2023. Prayer has been made to reinstate the petitioner or to consider him on duty from 1.4.2022 to the date of reinstatement or attaining the age of 60 years, whichever is earlier after considering his date of birth as 1.7.1963.
3. In response to the petition, it has been stated that petitioner was engaged as daily waged Beldar in Public Works Department during the year 1984 and after completion of 10 years service, he was conferred work charged status/regularization and at that time he had submitted documents Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 15/05/2023 20:30:49 :::CIS 2 CWP No. 4715 of 2023 related to his date of birth. Further that he had also submitted copy of Parivar register dated 25.9.2010, wherein his date of birth is recorded as 11.3.1962 and in addition he had also sworn an affidavit before Executive .
Magistrate, Theog stating therein that his correct date of birth is 11.3.1962. Copies of Parivar register and affidavit have been placed on record as Annexures R-1 and R-2.
4. It is further case of the respondents that on the basis of date of birth disclosed by the petitioner, the same was incorporated in his service book as 11.3.1962 and as such he attained age of 60 years in the month of March, 2022 and thus, has been retired from service accordingly.
5. Learned Additional Advocate General referring pronouncements of Supreme Court in Bharat Coking Coal Limited and others Vs. Shyam Kishore Singh, (2020) 3 SCC 411 and General Manager South Eastern Coalfields Ltd. & others Vs. Avinash Kumar Tiwari, Special Leave to Appeal (C) No(s) 14238/2022, dated 17.2.2023, has submitted that present petition deserves to be dismissed as petitioner has failed to apply for correction of his date of birth in service record within two years of entry in service as required under law.
6. Record of service of petitioner has also been produced. Perusal of record indicates that petitioner was conferred work charged status vide order dated 23.1.1995 w.e.f. 1.1.1994 and he submitted his joining accordingly on 24.1.1995 w.e.f. 1.1.1994. At that time he was also subjected to medical examination and in the medical certificate, his date of birth was mentioned as 17.3.1962, which was duly signed by the petitioner. Service book of petitioner was also prepared wherein his date of birth, as disclosed by him, was recorded as 11.3.1962. The said entry was also signed by the petitioner. Affidavit filed by him is also available in original in record, wherein he has endorsed that his correct date of birth is 11.3.1962. ::: Downloaded on - 15/05/2023 20:30:49 :::CIS 3 CWP No. 4715 of 2023 Copy of Parivar register placed on record by respondents-State dated 15.9.2010 also indicates date of birth of the petitioner as 11.3.1962.
7. During his service tenure, petitioner never raised any issue .
with respect to his date of birth and he was retired accordingly, on the basis of documents on record, on 31.3.2022.
8. After his retirement, petitioner has filed present petition on the basis of documents i.e. copy of Parivar register dated 8.4.2022, wherein his date of birth has been recorded as 1.7.1963. This document was prepared/obtained after retirement and present petition has been preferred in June, 2022, i.e. about three months after superannuation of the petitioner. No other basis except copy of Parivar register dated 8.4.2022 has been placed on record to substantiate the claim of the petitioner. The document produced by petitioner does not appear to be genuine because at earlier point of time in copy of Parivar register submitted by him to the Department, in the affidavit , in service book and during medical examination he has disclosed his date of birth as 11.3.1962. Therefore, we do not find any merit in the claim of the petitioner and accordingly reject the claim of the petitioner.
9. At this stage, learned counsel for the petitioner submits that though petitioner has been retired on 31.3.2022, but till date no pensionary benefits have been released in his favour.
10. Learned Additional Advocate General, under instructions of official of Department present in the Court alongwith record, submits that petitioner did not cooperate for preparation of his documents to finalize his case for pension and he did not supply his photograph which has caused delay in submission of his case of pension to the office of Accountant General. He has further submitted that in case petitioner approaches the office concerned and furnishes necessary documents and details including ::: Downloaded on - 15/05/2023 20:30:49 :::CIS 4 CWP No. 4715 of 2023 self photograph, then his case shall be submitted to the Accountant General within one week, thereafter.
11. In view of above, petitioner is directed to visit concerned .
office/Executive Engineer, Theog for preparation of his pension papers and respondents are directed to ensure submission of his documents/case for pension to the office of Accountant General within seven days thereafter and office of Accountant General shall make every endeavor for release of pensionary benefits to the petitioner as expeditiously as possible, latest by 30.6.2023.
With aforesaid directions and observations present petition is disposed of, so also pending applications, if any.
(Vivek Singh Thakur), Judge.
(Sushil Kukreja), Judge.
11h May, 2023 (Keshav) ::: Downloaded on - 15/05/2023 20:30:49 :::CIS