Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/B) No.652 of 2002 Madan Lal Sharma ….. Petitioner Versus District Basic Education Officer, Dehradun and others. ….Respondents ……………. Sri Rakesh Thaplial, learned counsel for the Petitioner. Sri Paresh Tripathi, learned Brief Holder on behalf of the State /respondents. Hon’ble P.C.Verma, J. By means of this petition the petitioner has challenged the impugned orders dated 03.05.2002 and 02.05.2002 passed by respondent Nos. 2 & 3 respectively by which the petitioner was given retirement retrospectively with effect from 30.06.2001. 2. The petitioner’s case is that he was appointed as untrained Assistant Teacher in the year 1967. Thereafter the respondents sent him on B.T.C. Training in the year 1970-71 at Training Centre Budana, Muzaffarnagar, which he successfully completed and became trained teacher. In the service book his date of birth has been recorded as 23.04.1949 on the basis of the available records. The petitioner alleged that on the basis of wrong entry of date of birth recorded in the service book, the respondents have retired him on 30.06.2001 and also ordered to refund the amount of Rs. 67,479.00 on account of excess salary which the petitioner has received during the period 01.07.2001 to 31.03.2002. 3. Heard learned counsel for the parties at length. Since the matter required strict scrutiny, hence the Basic Shiksha Adhikari, Dehradun was required to be present herself in the Court today. She produced original record of School Leaving Certificate o petitioner of primary School, Velk Gujrara, Dehradun. On perusal of the record it reveals that the petitioner passed Class-V and he left the School in the year 1954. In the said record the date of birth of ht petitioner has been recorded 28.04.1941. It is admitted to the parties that no service record of the petitioner is available in the office of respondents. The petitioner also do not dispute the veracity of the document produced by the Basic Shiksha Adhikari, Dehradun in which the entry of date of birth has been made as 28.04.1941. The entry of date of birth made on the School Leaving Certificate will be carried upto 10th Class under the provision of U.P. Appointment in Service (Determination of Date of Birth) Rules, 1974. Therefore, it will be deemed to be correct. There is no illegality or perversity in the orders passed by the respondents. 4. Therefore, the writ petition has no merit and is dismissed. However, regarding recovery of excess amount it is provided that the petitioner may make a representation to the Basic Shiksha Adhikari concerned who shall take decision considering the fact that the petitioner has worked and if he has worked, no recovery shall be made from him. (P.C.Verma, J.) 14.05.2008 P.Singh