Allowed writ petition challenging termination of services based on suspicion of minor age at appointment. Court held termination perverse due to long undisputed service and set aside impugned order.
Impugned order dated 7.1.2020 set aside; petitioner reinstated in service; respondents restrained from interfering till superannuation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- WRIT - A No. - 1695 of 2020
Petitioner :- Smt. Babli Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sanehi Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The appointment of petitioner as Platoon Commander was invalidated by the impugned order dated 7.1.2020.
The impugned order states that the high school certificate which was submitted by the petitioner at the time of appointment, recorded her date of birth as 15.10.1962. The petitioner was appointed in the year 1978. At the time of her appointment her qualification in the service records was High School. Referencing the High School marks sheet of the year 1980, the order finds that the same is "suspicious" in nature. According to the impugned order, as per the date of birth recorded in the high school certificate, the age of the petitioner at the time of appointment was 15 years 4 months and 28 days. Hence, on the date of appointment the petitioner was minor and was not eligible to be appointed. On this foot the services of the petitioner were terminated by the impugned order.
The petitioner has categorically stated in the writ petition that she was enrolled as a Home Guard on 3.9.1984. There is no specific denial of the aforesaid assertion in the counter affidavit. In view of the aforesaid state of pleadings, I find that the date of enrollment of the petitioner is 3.9.1984. The petitioner has rendered long and
unblemished service of more than 36 years. The entry in the service book as well as the high school certificate submitted at the time of enrollment remained undisputed for more than three and a half decades. Further, the impugned order terminates the services of the petitioner only on ground of "suspicion".
Keeping in view the long and unblemished career of the petitioner, the unchallenged entries in the service book existing for more than three and a half decades, the service of the petitioner cannot be terminated only on ground of "suspicion". The finding in the impugned order on the foot of which the services of the petitioner were terminated are perverse and unsustainable in law.
The impugned order dated 7.1.2020 is arbitrary, illegal and is liable to be set aside.
The impugned order dated 7.1.2020 is set aside.
The respondents are directed to forthwith reinstate the petitioner in service and are restrained from interfering in the functioning of petitioner till she superannuates from service.
The writ petition is allowed.
Order Date :- 5.11.2020 Nadeem Ahmad
2 issues framed by the court
Whether long unblemished service and undisputed service entries can be terminated solely on the ground of suspicion regarding minor age at appointment?
Whether the impugned order terminating services based on a date of birth discrepancy is arbitrary under Article 14?
Smt. Babli Jain
State Of U.P.
3 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
