STATE OF MADHYA PRADESH Vs. R P SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) The respondent a Chief Engineer had entered the Government service on August 20, 1962 as Junior Engineer. In the M.P. Civil List published on July 1, 1964 his name was at Serial No. 153 and his date of birth was mentioned therein as November 30, 1936. Equally, for the next year 1965 he was at Serial No. 162 and the date of birth continued to be the same, i.e., as entered in the record. It would appear that subsequently, the service register was not available; as a consequence, he was called upon to produce the service book which he did not produce; instead, he supplied a photostat copy of his date of birth certificate showing June 28, 1938 as his date of birth. The report was called for from the Secondary School in which the respondent admittedly had studied which is placed at page 12 of Volume II of the paper book. The report also shows that the school authorities had certified that his date of birth as November 30, 1936. His college certificate is also to the same effect. A report was called also from middle school in which the respondent had studied which is part of the record at page 105 of Volume II of the paper book. Therein also, his date of birth is shown as November 30, 1936. He admittedly filed an application on August 31, 1978 for sanction of loan to purchase a car. Therein, he had specifically mentioned his date of superannuation as November 30, 1994. On the basis thereof, when an action was sought to be taken, he filed an application before the Chief Minister for correction of his date of birth. On the basis of that the Chief Minister made an endorsement that his date of birth as per the service record might be incorporated which was accordingly done.