AI Structured Summary
Not yet generated for this judgment
Judgment
Sandipkumar C. More, J
1 Heard learned Counsel for the petitioner as well as learned AGP for Respondents.
2 By an order dated 20.05.2022, earlier Vacation Bench has directed the learned AGP to take instructions as to what was done by the Secretary to Government of Maharashtra, Home Department, in respect of corrected date of birth of the petitioner. The petitioner is claiming that the Education Offcer, vide order dated 03.02.2022, has already corrected the date of birth of the petitioner to “14.05.1965” from “15.05.1964”.
3 Learned Counsel for the petitioner submits that as per the said corrected date, the petitioner is having one more year of service available to him.
4 However, as per the order dated 09.03.2022, passed by the Maharashtra Administrative Tribunal, the Under Secretary to Government of Maharashtra, Home Department, was to decide the representation dated 28.02.2022 of the petitioner for correction of date of birth in accordance with law within a month from the date of that order. However, the learned A. G.P., on 27.05.2022, came with an order dated 27.05.2022 of the Under Secretary to Government of Maharashtra, and submitted that the said Under Secretary has refused the correction of date of birth of the petitioner from “15.05.1964” to “14.05.1965”. As such, prevailing date of birth of the petitioner appears to be “15.05.1964” and according to that date, he is to retire today itself. Even if, as per the amendment, for which leave is granted to the petitioner, by this Court vide order dated 27.05.2022, to challenge the aforesaid order dated 27.05.2022, passed by the Under Secretary to the Government of Maharashtra, Home Department, it has to be verifed after detailed hearing, as to whether the order dated 27.05.2022, passed by the Under Secretary to Government of Maharashtra, Home Department, is passed arbitrarily or on merit in accordance with law.
5 It is to be noted here that if the petitioner succeeds in showing that his correct date of birth is “14.05.1965”, then he will be entitled for all the monetary benefts along with right to continue in service till his date of retirement, which would be 31.05.2023. However, when the prevailing date of birth of the petitioner, as on today, is “15.05.1964”, I am not inclined to grant any ad interim relief in favour of the petitioner, by giving directions to the respondents to continue services of the petitioner till further period of one year.
6 Stand over to 15th June, 2022.