Roop Singh Yadav vs State of U.P. and Others

R.M. Sahai, J

Dispute in this petition is as to whether Petitioner has rightly been superannuated on 31st March, 1987. Since his date of birth in service record was shown as 20th March, 1929, he made a representation that it may be corrected as his date of birth in the High School certificate was recorded as 10th November, 1929. It was not accepted as the Government had issued an order in August, 1971 that if the date of birth recorded in service book remained unchallenged for number of years then it should not be altered except in very exceptional circumstances.

In paragraph 14 of the writ petition, it is averred that U.P. Recruitment Services Determination of date of birth) Rules were framed in 1974. A perusal of 2 of the Rules indicates that where a person has passed High School Examination or equivalent examination and enters into in service thereafter, then his date of birth shall be determined on the basis of the date of birth entered in the High School certificate. Since, the Petitioner has passed High School in 1947 and his date of birth is recorded as 10th November, 1929 in the High School certificate, the opposite-parties committed an error of law in determining his date of birth on the basis of the entry made in the service record when it is not disputed that Petitioner entered into service in 1948. If the Government Order and rule are read together, it leaves no room for doubt that such errors in service record may be corrected, which are apparent. Since the Petitioner had passed High School before entering into service and the entry in service record was made after it, the rule applies. The expression very exceptional circumstances in govt, order of 1971 has to be construed in a manner which advances the purpose of rule. It cannot be applied in a case where the document required by rule is available, which nullifies the entry in service record. In such cases exceptional circumstance is made out.

In the result, the writ petition succeeds and is allowed and a direction is issued to the opposite parties to treat the Petitioner to be continuing in service till date of superannuation calculated from the date mentioned in the High School certificate.