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2025 DAILYLAW 78999 (ALL)

LAJJA RAM v. STATE OF U.P. AND 3 OTHERS

WRIA/10546/2025 · 2025-07-28

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125817 Court No. - 4 Case :- WRIT - A No. - 10546 of 2025 Petitioner :- Lajja Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dated 01.02.2025, whereby his services have come to be dispensed with on account of his attaining the age of superannuation on 01.01.2025. It is claimed that as per school leaving certificate of the petitioner, the date of birth is 01.02.1968 and hence petitioner should have been continued in employment. Learned Standing Counsel has obtained instructions in the matter which are taken on record and as per the instructions, the application form that was filled up by the petitioner at the time of joining, he himself had shown his date of birth as 01.02.1965 and also the school leaving certificate that he has shown his date of birth as 01.02.1965. It is thus contended that the petitioner having himself entered his date of birth as 1965 and also having submitted the school leaving certificate at that point of time, his date of birth got rightly recorded as 31.01.2025. It is argued that on the principle of U.P. Government Servant Determination of Date of Birth Rules, 1974 the date of birth once entered at the time of entering into service cannot be changed in any circumstance and that too at the fag end of the service career of an employee. Having heard learned counsel for the respective parties and having perused the records particularly the document that have been brought on record by means of instructions, I find that the date of birth recorded by the petitioner at the time of entering into service as 1965. In the circumstances, therefore, the petitioner cannot be permitted to claim that his date of birth should be taken as 01.02.1968. The U.P. Government Determination of Date of Birth Rules also bars any entertainment of application for change of date of birth once entered in the at the time of entering into service unless and until High School certificate is there as a proof of age. In view of the above, petition is devoid of merit merit and is accordingly dismissed. Order Date :- 29.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad