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2025 DAILYLAW 139650 (ALL)

MAHENDRA PRATAP v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO. AND 3 OTHERS

WRIA/5346/2025 · 2025-05-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29044 Court No. - 18 Case :- WRIT - A No. - 5346 of 2025 Petitioner :- Mahendra Pratap Respondent :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and Ms. Deepshikha, learned Chief Standing Counsel for the respondents. The petition has been filed with the following main prayer:- "(i) Issue a Direction, Order or Writ in the nature of CERTIORARI thereby set- aside/quash the order dated 20.01.2023 (Annexure No. A-1) passed by respondent/ opposite party no.-4 and 07.01.2023 (Annexure No. A-2) respondent/opposite party no.-4. (ii) issue a Direction, Order or Writ in the nature of MANDAMUS thereby commanding the opposite party concerned to re-store the services of the petitioner from the order dated 20.01.2023 alongwith full backwages by considering his Date of Birth as 01.08.1969 as mentioned in his educational documents instead of 20.05.1957 as mentioned in his service records." Learned Chief Standing Counsel, on the basis of written instructions, has opposed the petition. A perusal of the instructions reveals that, following his retirement on 20.01.2023 upon attaining the age of sixty years, the petitioner had filed a claim petition before the learned State Public Service Tribunal, which was dismissed vide order dated 16.04.2025. The record reflects that the petitioner was appointed on 30.03.1984. At the time of joining service, he declared his date of birth as 20.02.1957 and his educational qualification as Class VI. His medical examination was also conducted on 30.01.1984, bearing his signature and thumb impression. As per the date of birth recorded in his service records in 1984, he retired in 2023 upon attaining the age of superannuation. Throughout his service tenure, he made no attempt to seek correction of his date of birth. At this stage, such a request is impermissible, as the legal position on this issue is well settled. The Hon’ble Supreme Court, in Bharat Coking Coal Ltd. v. Shyam Kishore Singh, (2020) 3 SCC 411, has held that once a date of birth recorded in the service record is accepted and remains unchallenged for an extended period—approximately four decades in this case—it attains finality and cannot be modified at a belated stage, particularly after two years of retirement. Therefore, considering the settled position of law, the petitioner cannot be allowed to challenge the date of birth recorded in his service book in 1984, particularly after a lapse of two years since his retirement. The impugned order was passed on 20.01.2023. There is no explanation in the writ petition as to why the petitioner has approached this Court after such a delay. Accordingly, in light of the foregoing discussion, the writ petition stands dismissed. Order Date :- 16.5.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench