2026:UHC:2086 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/317/2017 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Shiv Pande, learned counsel for the petitioner. 2. Mr. Ashish Joshi, learned counsel for the respondents. 3. Petitioner was appointed as Driver in erstwhile U.P. State Road Transport Corporation in the year 1985. Upon State re-organisation, petitioner became employee of Uttarakhand Transport Corporation. Petitioner was made to retire w.e.f. 30.06.2016. Since petitioner’s date of birth was recorded as 29.05.1959, therefore, he approached this Court challenging the order dated 29.06.2016, whereby he was made to retire w.e.f. 30.06.2016. 4. Learned counsel for the petitioner contends that since the date of birth recorded in petitioner’s service book is 29.05.1959, therefore, he is entitled to continue in service till the age of 60 years i.e. 31.05.2019. 6. Uttarakhand Transport Corporation has filed counter affidavit stating therein that petitioner’s date of birth has been recorded as 29.01.1950 in his driving licence. It is further contended that the driving licence was issued to petitioner on 20.03.1971, and if, date of birth, entered in his service book is taken to be correct, then petitioner would be only about twelve years of age at the time of issuance of driving licence in his favour. 2026:UHC:2086 7. It is not in dispute that service condition of employees of Uttarakhand Transport Corporation are governed by Regulations known as “U.P. State Road Transport Corporation Employees (other than officers) Service Regulations, 1981”. Regulation 14(3) of the Service Regulations reads as under:- ““14. Age.-(1)……………………… (2)…………………………….. (3) Date of birth of an employee recorded in the certificate of examination, referred to in sub-regulation (2), or, where an employee has not passed any such examination, the date of birth or age recorded in his service book at the time of his entry into service shall be deemed to be his correct date of birth or age as the case may be and no application or representation for correction of the date of birth or age shall be entertained in any circumstances whatever.”” 8. A bare reading of Regulation 14(3) of the Service Regulations, applicable to employees of Uttarakhand State Corporation, reveals that the date of birth recorded in service book of an employee at the time of his entering into service shall be deemed to be the correct date of birth. Thus, change in date of birth, as recorded in the service book of an employee, is not permissible at all. 9. A coordinate Bench in WPSS No. 1385 of 2016 (Usmal Ali vs. Uttarakhand State Transport Corporation & others) has allowed the writ petition in similar facts, by placing reliance upon Regulation 14(3) of Service Regulations. 10. Admittedly, the date of birth of petitioner has been recorded as 29.05.1959 in petitioner’s service book, therefore, he could not have been made 2026:UHC:2086 to retire before 28.05.2019, age of superannuation of the employees of the Corporation being 60 years. 11. In such view of the matter, impugned order dated 29.06.2016 passed by Assistant General Manager, Haldwani is liable to be quashed and is hereby quashed. 12. Accordingly, the writ petition is allowed. All pending dues of the petitioner shall be released to him within two months from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J) 24.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477 005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C 2CE3D26F5C22DACF4F4610C1FE58A585317 26FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.30 21:15:03 -07'00'