The Allahabad High Court has sought a reply from the state government within two weeks on a petition against the order to retire on the basis of the date of birth entered in the Aadhaar card.
A Single Bench of Justice Vikas Budhwar passed this order while hearing a petition filed by Chandra Mani.
The submission of the Counsel for the petitioner is that the petitioner had earlier filed the Writ Petition seeking regularization on the post of Sweeper/Chawkidar, which came to be allowed on 18.02.2021 whereby the order dated 23.03.2018 was quashed and direction was issued to the respondents to consider the claim of the writ petitioner for regularization.
The Court noted that,
Attention has been drawn towards the order dated 12.05.2022 of the District Development Officer whereby the petitioner has been regularized.
It is further submitted that the petitioner that on 07.01.2023 an order has been passed by the DDO Jaunpur, whereby treating the date of birth of the petitioner to be 02.03.1963, his date of retirement has been fixed as 31.03.2023.
Further submission of the petitioner is that since there was certain typographical error in the Adhar Card but in the High School Mark-Sheet which is appended at page 146 the date of birth of the petitioner is 01.01.1965 thus, he could not have been superannuated on 31.01.2023 and in this regard, the petitioner has also invited the attention of the Court proceed at page 139 onwards so as to further contend that the Adhar Card has already been corrected, an affidavit has been submitted but now by means of the impugned order dated 14.03.2023, taking the date of birth being 02.03.1963 he has been retired.
According to Ravindra Nath Yadav, counsel for the petitioner the entire exercise is nothing on a mala-fide attempt particularly in view to settle score as the petitioner became victorious in the writ petition and also the special appeal of the respondents was dismissed.
The Court observed that the matter requires consideration.
Standing Counsel shall obtain instructions and file counter affidavit within two weeks, the Court said.
The Court has fixed the next hearing of the petition on April 21, 2023.