ESHWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in these writ petitions have sought for a direction to the respondents to correct their dates of birth by substituting the dates of birth as mentioned in the School Leaving Certificates which are produced as Annexures-B and C respectively.

(2.) THE petitioners were employed as Group D employees in the year 1968 on daily wages. Thereafter, pursuant to the judgment rendered by the Supreme Court in case of Dharwad Daily Wages Association, their services were regularized with effect from 1-1-1990 by Government order dated 24-8-1991. From this order, it is seen that the monthly rated and daily rated workers who have completed 10 years of service as on 31-12- 1989 were absorbed into regular establishment with effect from 1-1-1990 and appointed against supernumerary post. At the time when they joined the service the dates of birth furnished by the petitioners have been mentioned in their service registers on the basis of the horoscope furnished by them. The date of birth of the 1st petitioner has been mentioned in the service register as 12-3-1942 and the date of birth of the 2nd petitioner has been mentioned as 7-6-1942 on the basis of the horoscope furnished by them. This fact is reflected in the letter written by the Executive Engineer to the Chief Engineer in his letter dated 18-7-1998 (Annexure-D ).

(3.) THE case of the petitioners is that which their services were absorbed during the year 1991 due to the rush of work, mistake has crept in, in mentioning the dates of birth of the petitioners in their service registers, though they were born on 20-8-1950 and 12-6-1947 respectively as per the School Leaving Certificates and therefore, they have made representations in the year 1992 to the respondents requesting them to rectify the defect by correcting the wrong entries in their respective service registers. The further case of the petitioners is that on the basis of the said representations the Executive Engineer has recommended to the Chief Engineer to correct the dates of birth of the petitioners in the service registers by entering the dates of birth as found in the School Leaving Certificates. The petitioners have School Leaving certificates. The petitioners have also relied upon the Government order dated 6-8-1990 directing all the subordinate officers to correct the date of birth of the Government servants on the basis of the School Leaving certificate for the purpose of considering their tenure of service in the government. On the said representations, since the respondents have not taken any steps to correct the dates of birth of the petitioners, they have filed these petitions for necessary direction to enter the respective dates of birth as found in the School Leaving Certificates.