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High Court of Punjab and HaryanaCWP/12833/2024disposed of

Sewa Ram v. State Of Punjab And Others

2024-05-28Mr. Justice Jagmohan Bansal2 pages

CWP-12833-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-12833-2024 Date of Decision : 28.05.2024 SEWA RAM ... PETITIONER

Versus

STATE OF PUNJAB AND OTHERS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Amit Dhawan, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 15.10.2021 (Annexure P-3) whereby he was discharged from service and order dated 13.03.2024 (Annexure P-10) whereby respondent has upheld his discharge from service.

2.

The petitioner claims that his date of birth is 30.04.1971 and respondent has wrongly relieved him on 15.10.2021 on the premise that he has turned 58 i.e. age of superannuation.

3.

This is 2nd round of litigation. On the earlier occasion, he preferred CWP No.23398 of 2021 which was disposed of vide order dated 19.10.2023. The respondent was directed to decide his claim Anju Goel 2024.05.28 18:04 I attest to the accuracy and integrity of this document Chandigarh

CWP-12833-2024 expeditiously and preferable within a period of 04 months. The respondent by impugned order dated 13.03.2024 has rejected his representation. The respondent has held that the petitioner has produced different documents disclosing different dates of birth. 4.

Mr.Amit Dhawan, Advocate submits that respondent has wrongly rejected petitioner's claim. The documents produced by him clearly disclose that his date of birth is 30.04.1971 and respondent has wrongly considered 25.08.1970.

5.

From the perusal of record, it comes out that different documents i.e. Pan Card, Aadhar Card and School Leaving Certificate etc. are disclosing different dates of birth. The matter needs to be adjudicated after appreciating evidence led by both sides. This Court in exercise of power conferred by Article 226 of Constitution of India cannot appreciate evidence led by the petitioner and the respondent. 6.

The petition stands disposed of with liberty to the petitioner to approach the Court of competent jurisdiction. (JAGMOHAN BANSAL) JUDGE 28.05.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No Anju Goel 2024.05.28 18:04 I attest to the accuracy and integrity of this document Chandigarh