STATE OF PUNJAB Vs. S C CHADHA

JUDGEMENT

(1.) Leave granted.

(2.) The State of Punjab questions correctness of the judgment rendered by a Division Bench of the Punjab and Haryana High Court, whereby it directed correction of date of birth of the respondent from 19.6.1944 as recorded earlier in the official documents to 13.12.1945.

(3.) Background facts giving rise to the appeal are as follows : the respondent joined Punjab Institute of Textile Technology, amritsar on 11.7.1983. At the time of his entry into services, his date of birth was recorded as 19.6.1944. In the certificate for higher Secondary Examination which he passed in the year 1962, his date of birth was recorded as 19.6.1944. He graduated in Science (Textile) in the year 1967. After his initial appointment with punjab Institute of Textile Technology he subsequently worked as a senior officer in several public sector undertakings like government Industrial Development-cum-Service Centre Textile, ludhiana, National Textile Corporation Ltd. , Delhi, Punjab State small Industries Corporation Ltd. , Haryana and Punjab State handloom and Textile Development Corporation. In the service records of all the aforesaid organizations, the date of birth was recorded as 19.6.1944. On 19.1.1993 he was absorbed as Treasury officer in the Department of Finance (T and A) , Punjab, Chandigarh which he subsequently joined. By a Notification acted 21.6.1994 an amendment was made in the Punjab Civil Services Rules Vol. I, Part i. In the amended rule it was provided that employees already in service of the Punjab Government may apply for change of date of birth, within a period of two years from coming into force of the amended rules, on the basis of confirmatory documentary evidence. It was also stated in the Notification that no request for change of date of birth was to be entertained after the expiry of two years period. The rules were further clarified on 10. 5.1995 wherein it was provided that the date of birth of any government employee was not be changed without holding special enquiry to be conducted by the concerned Deputy Commissioner. Respondent submitted his application on 26.7.1995 for changing the date of birth as recorded. The circular dated 10. 5.1995 was subsequently kept in abeyance on 5.10. 1995 and finally withdrawn on 13.12.1995. On 1.10. 1996 the State Government issued instructions to the effect that application dated 21.6.1994 and the last date till which it was in operation were to be disposed of on merits. The deputy Commissioner, Jallandhar made enquiries with regard to the application of the respondent for change of date of birth. The deputy Commissioner by his letter dated 26.3.1997 informed the director (T and A) , Department of Finance that on the basis of enquiry conducted the actual date of birth of the respondent to be 13.12.1945 and not 19.6.1944. However, the Government did not accept the request for change of date of birth and rejected the same by order dated 20. 7.1999.