Ram Sudhar Gupta (In Wria 21820 Of ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 897 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 143 of 2022
 

 
Appellant :- Ram Sudhar Gupta (In Wria 21820 Of 2021)
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. U.P. Lko. And Ors
 
Counsel for Appellant :- Ashok Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

By means of this Special Appeal, the appellant impeaches an order dated 27.09.2021 passed by learned Single Judge in Writ petition No. 21820(SS) of 2021.

A prayer made in the writ petition by appellant-petitioner was that his date of birth may be corrected and after correction he may be retired accordingly.

Learned Single Judge while considering the prayer made in the writ petition has observed that appellant-petitioner has attained the age of superannuation as per service record and has been retired on 01.04.2020 and further that no prayer for change in the date of birth/correction of date of birth was made by the appellant-petitioner in service book during his service career. As such it is not open to raise this grievance at this stage.

Learned Counsel for the respondent-State submitted that in the instant case the appellant-petitioner made the request for change of date of birth in the record about five months after he attained the age of superannuation.

It is well settled principle of law that no employee can be permitted to pray for any change in the date of birth recorded in the records at the fag end his service career.

Accordingly, in view of the above, in our considered opinion the judgment and order dated 27.09.2021 passed by the learned Single Judge in Writ petition No. 21820(SS) of 2021, which is under challenge in this appeal, does not warrant any interference.

The Special Appeal is, thus, highly misconceived and it is accordingly dismissed.

Order Date :- 8.4.2022

Jyoti/-