Tuesday, June 18, 2024

Allahabad HC quashes order retiring a supervisor a month ahead of superannuation

The Allahabad High Court has quashed the order of June 30, 2022 of the Executive Engineer, who directed the retirement of a supervisor in the Public Works Department.

A Single Bench of Justice Sangeeta Chandra passed this order while hearing a petition filed by Vijay Shyam Tiwari. The petitioner challenges the order dated 30.06.2022 by which the petitioner has been retired from the post of Work Supervisor with effect from 30.06.2022.

It is the case of the petitioner that he was appointed as Mate on 03.06.1989 and he completed High School in 1978.  According to the petitioner, the date of birth recorded in the High School Certificate is 05.07.1962. The said High School Certificate was also verified by the Secretary, Madhyamik Shiksha Parishad, UP Prayagraj on 26.05.2022 on the request of the Superintendent Engineer, Prayagraj Circle, Prayagraj.

In the G.P.F Pass book of the petitioner, his date of birth has been shown as 05.07.1962 which is as per the High School Certificate but without any reason, the Medical Fitness certificate issued by the Chief Medical Officer, Allahabad, showed his date of birth as 19.06.1962, and as a result the impugned order has been passed retiring him one month earlier than his actual retirement date.

The Court quashed the order dated 30.06.2022 while disposing of the writ petition with a direction to the respondent to treat the petitioner as working and to allow him to join and work till 31.07.2022 and calculate his retiral dues and pay the amount taking into account the date of birth of the petitioner recorded in his High School certificate i.e 05.07.1962.


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