Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4419 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/2014/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Harendra Belwal, Advocate for the petitioner through video conferencing. Mr. Pradeep Hairiya, Additional CSC for the State.
2. There is delay of 240 days in filing Substitution Application (IA/4/2025). Delay is not seriously opposed, hence delay is condoned. Delay Condonation Application (IA/3/2025) stands disposed of.
3. For the reasons indicated, prayer for substitution is allowed. Substitution Application stands disposed of. Amended memo of parties be filed in the Registry within 24 hours.
4. According to petitioner, he was engaged as ‘daily wager’ in Public Works Department in the year 1987; he was thereafter engaged in work-charged establishment of the Department in the year 1989; his services were regularised on 18.07.2011 and he retired from the post of Beldar on 31.01.2023.
5. By means of this writ petition, petitioner has sought the following reliefs:
“i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned office letter no. 1736/2dk0iz0 d0 dated 27.08.2024 (Annexure No. 12), issued by respondent no. 4, to the extent only, by which date of birth has been determination i.e. 12.01.1957 in place of 12.01.1963.
2026:UHC:4419
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to sanction and release the Pension (O.P.S.) and other post retiral benefits along with arrear in favour of the petitioner on the basis of his actual date of birth i.e. 12.01.1963, recorded in his service book, by which the petitioner had been superannuated.
iii) Issue a writ order or direction in the nature of mandamus commanding the respondents to compute and release the amount of Gratuity in favour of the petitioner after computing the entire length of service, prior to his date of regularization (w.e.f. 1987) along with its statutory interest, as payable under section 7 (3) (A) of the Payment of the Gratuity Act, 1972.
iv) Issue a writ order or direction in the nature of mandamus commanding the respondents to award the interest on the delayed payment towards pension amount.”
6.
Learned counsel for the petitioner submits that petitioner retired upon completing 60 years of age on 31.01.2023. He submits that petitioner’s date of birth is 12.01.1963, while Department is now treating 12.01.1957 as his date of birth, due to which his retiral dues are withheld.
7. Learned State Counsel is right in submitting that prayer for correction of date of birth cannot be entertained at the fag end of service career.
8. This writ petition was filed in 2024 after petitioner’s retirement from service, therefore there cannot be any direction to competent authority to correct petitioner’s date of birth in his service record.
9.
Learned counsel for the petitioner prays that the competent authority be directed to take
2026:UHC:4419 decision on petitioner’s representation.
10. Accordingly, writ petition is disposed of with liberty to petitioner to make representation to the competent authority. If he makes representation within two weeks from today, decision thereupon shall be taken by the competent authority, as per law, within four months thereafter.
(Manoj Kumar Tiwari, J.) 02.06.2026 Mahinder/