UP Recruitment To Service Rules, 1974| Date Of Birth Of Employees Without High School Certificate Cannot Be Changed Once Recorded At Entry Into Service: Allahabad HC
The Allahabad High Court observed that the date of birth of employee who has not passed the High School Certificate cannot be changed once originally recorded at the time of entry in service.
The Court was hearing a Writ Petition against an order that withheld the salary of the Petitioner pending direction from a higher authority.
The bench of Justice Ajit Kumar perused rules given under Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974 and observed, “it is clear that date of birth of employee who has not passed the High School Certificate cannot be changed once originally recorded at the time of entry in service.”
Advocate V.K. Singh appeared for the Appellant and Standing Counsel Dileep Kumar Srivastava appeared for the Respondent.
Brief Facts-
The petitioner, initially appointed as a daily wage peon and regularized at the Town Area Committee had his salary stopped and services terminated. This termination was challenged and overturned in Writ Petition leading to his reinstatement. However, due to discrepancies in his date of birth between his service book and Life Insurance Corporation policy, the Chairman of the Nagar Panchayat withheld his salary pending direction from the Director, Local Bodies. This withholding order was challenged in the present Writ Petition.
The Court observed, “the basic philosophy behind the service jurisprudence is that there is contract of employment between employer and employee. The service book maintained by employer is a part of the contract of employment and any change therein has to first take place as it would be altering the condition of employment.”
The Court said that the local bodies were in a clear error of law in superannuating the petitioner at an earlier age than what he would have attained as per the service book entries.
The Court said that it was held by various Courts that the actions to be taken by the authorities must be sound and reasoned, more especially in service cases where the interest of employees is at stake.
While noting the present case the Court said that the method in which the Chairman had passed the order impugned retiring the petitioner without assigning any reason except relevant policy bond paper and that too without holding any enquiry was unwarranted.
Accordingly, the Court allowed the Writ Petition.
Cause Title: Suresh Yadav v. State of U.P. (Neutral Citation: 2024:AHC:108904)
Appearance:
Appellant: Adv. V.K. Singh, Adv. D.K. Singh
Respondents: SC Dileep Kumar Srivastava and Adv. S.Tiwari