LAWS(SC)-2011-2-20

NARINDER KAUR Vs. PUNJAB AND HARYANA HIGH COURT

Decided On February 04, 2011
NARINDER KAUR Appellant
V/S
PUNJAB AND HARYANA HIGH COURT Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dated 20.4.2006 rendered by the High Court of Punjab & Haryana at Chandigarh in CWP No. 16151 of 2003 by which the prayer made by the Appellant to quash order dated 12.5.2002 passed by the Punjab & Haryana High Court at Chandigarh on its administrative side declining the request made by the Appellant for effecting change in her date of birth from 26.1.1971 to 9.1.1972 is rejected.

(3.) From the record of the case, it is evident that the Appellant was selected to the Haryana Civil Services (Judicial) and was posted as Civil Judge (Jr. Division) Ambala City. She joined her duties on 20.5.2000. The case of the Appellant is that her date of birth is 9.1.1972 but it was wrongly mentioned in the records as 26.1.1971, on the basis of factually incorrect birth certificate wherein her date of birth was shown to be 26.1.1971. The Governor of Haryana in exercise of powers conferred by Clause (2) of Article 283 of the Constitution made Punjab Financial Volume I (Haryana First Amendment) Rules, 2001 amending certain provisions of Punjab Financial Volume I Rules 2001 providing inter alia that in regard to the date of birth, a declaration of age made at the time of, or for the purpose of entry into Government service, shall as against the Government employee, be deemed to be conclusive unless he applies for correction of age as recorded within two years from date of his entry into Government service and when such an application is made a special inquiry shall be made to ascertain correct age by making reference to all available sources of information such as certified copies of entries in the municipal birth register, university or school certificate indicating age, Janam Patrika, horoscopes etc.