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CASE NO.: Appeal (civil)  2376-2377 of 2008

PETITIONER: DEORAJ TIWARI

RESPONDENT: COMMITTEE OF MANAGEMENT SARVODAYA SHIKSHA S.I. COL. & ORS

DATE OF JUDGMENT: 28/03/2008

BENCH: ALTAMAS KABIR & AFTAB ALAM

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NOS. 2376-2377  OF 2008 (Arising out of SLP(C) No. 26491-26492/04)                  Leave granted.         The appellant  was appointed as Chowkidar on 1st August,1965, in Sarvodaya  Shiksha Sadan Inter College, Bheerpur, Allahabad.  The appellant has  questioned the Judgment and Order of the Division Bench of the High Court  dated 19th August,2004, whereby the Judgment and order of the learned Single  Judge was modified to the extent that the relief which had been granted to the  appellant by the learned Single Judge was curtailed and he was made entitled  to his monetary benefits on retirement till 30th June,1985, and not till 31st  January, 1993, as had been granted by the learned Single Judge.        The controversy before the  learned Single Judge was  with regard to the  correction made by the Principal  

                       -2- of the College of the appellant’s date of birth  in  his   service records.  At the time of initial entry into service, the appellant’s date of  birth was recorded as 1st January,1933, but subsequently it came to light that  the appellant had studied in  Primary School, Khain, Karchana, Allahabad.   In the school records his date of birth was shown as 12th June,1925.  On the  basis of the above, the Principal of the college issued a notice to the appellant  to show cause as to why his date of birth should not be corrected in the college  records in view of the School Certificate.  A letter was also sent to the  appellant to file a medical certificate of the Chief Medical Officer, Allahabad,  regarding his age.  Thereafter, after giving the appellant a hearing, the  Principal of the College corrected the date of birth of the appellant in his  service records from 1st June,1933 to 12.6.1925 and  issued a letter to him on  20th August,1987. retiring him from service. The said order was challenged in  appeal before the Committee of Management of  the institution which  dismissed the same.         As has been recorded by the Division Bench of the High Court in the  impugned Judgment, no further steps were taken by the appellant to challenge  the said correction made by the  Principal of the College before the  District   Inspector of Schools or before any  court  

               -3- or authority.  Consequently, the said correction  became final and binding on  the appellant. Thereafter, by an order dated 9.4.1986, the Joint Director of  Education, Allahabad, fixed the appellant’s pension treating the date of  retirement as 30.6.1985.           The appellant challenged  the  above Order before  the learned Single Judge of

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the High Court in writ jurisdiction.  The learned Single Judge   ultimately  held that the correction had been illegally effected and should not be given  effect to, and  directed that the appellant was to be treated in service upto  31.1.1993.         The Division Bench  has set aside the said finding on the ground that the  learned Single Judge could not have reopened the matter which had been  finally decided and against which no further steps had been taken by the  appellant. The reasoning of the Division Bench Judge appears to be sound.         Having heard learned counsel for the respective parties, we are unable to  differ with the judgment impugned in this appeal and we accordingly,  dismiss  the Appeal.  But there will be no order as to costs.         The Authorities are  directed to disburse to the appellant  all  the  dues  in   terms of the Order of the  

                       -4- Division Bench of the High Court, if not already disbursed, within two months  from the date of communication of this Order.