UTTARAKHAND HIGH COURT ISSUES ORDER ON RAKSHPAL SINGH V/S BAZPUR COOPERATIVE SUGAR FACTORY

NAINITAL, India, March 23 -- Uttarakhand High Court issued the following judgment/order on Feb. 20:

1. This writ petition has been filed by the petitioner challenging order dated 05.01.2026, whereby, he was informed that he would be superannuated on 08.03.2026 on attaining the age of 60 years. He further prayed for a direction in the nature of mandamus directing respondent to correct his date of birth in his service record as 10.07.1966 in place of 09.03.1966.

2. It is contended by learned counsel for petitioner that petitioner's actual date of birth is 10.07.1966 which has been entered in the documents maintained in a declaration form in EPF registration, which was submitted by petitioner in the year 1999 and maintained by respondent. Apart from that the date of birth of petitioner is correctly mentioned in the School Leaving Certificate, Family Register, Aadhar Card, Driving License issued in the year 1991 and also in PAN Card.

3. The attention of this Court has also been drawn by learned counsel for petitioner on Annexure No.6, which is Enrolment Form maintained in the office of respondent-Sugar Factory Ltd. and it is submitted by learned counsel for petitioner that the date of birth was also entered 10.07.1966, but it has been changed by interpolation to 09.03.1966. Petitioner says that by entry of his wrong date of birth in the service documents, which has been done, according to him, by unscrupulous act on the part of respondent, and therefore, his date of birth shall be corrected as per documents he possesses.

4. It is further contended by learned counsel for petitioner that petitioner has submitted representations to the respondent-Bazpur Cooperative Sugar Factory Limited on 06.06.2025 and 06.09.2025. But no heed was given by respondent to those representations, which are still pending disposal. Instead of deciding petitioner's representation, notice for superannuation has been issued by the respondent.

5. Learned counsel for petitioner limited his prayer to the effect that if a direction be issued to respondent to decide petitioner's representations dated 06.06.2025 and 06.09.2025 (Ann. No.7 to writ petition) within a stipulated period, the ends of justice would be met.

6. To this proposition, there is no opposition from the side of learned senior counsel for the respondent.

7. In such view of the matter, the present writ petition is disposed of finally and it is directed that respondent shall decide aforesaid representations (Annexure No.7 to writ petition) on or before 06.03.2026 positively by speaking order, taking into consideration the documents held by the petitioner as well as the date entered in his EPF Registration Form, in accordance with law.

8. Pending application also stands disposed of.

9. Let a certified copy of this order be supplied to learned counsel for the parties today itself as per Rules.

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