BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER claims that he was working as a daily wage employee from 1-7-1974 in the Gubbi sub-Station, Public Works Department. As per the order of the Chief Engineer (C and B), bangalore, dated 4-8-1984, the petitioner who was working as a Gangman in NMR, was absorbed on the monthly rated establishment on a consolidated pay of Rs. 300/-per month, with effect from 13-1-1984. A service register was opened in regard to the petitioner in the year 1984 after receiving the necessary particulars from the petitioner with an affidavit in regard to his date of birth. The date of birth was entered as 1-7-1941 in the service register. After completion of ten years of service, petitioner's services were regularised. The petitioner has retired on 30-6-1999 on the basis of the said date of birth entered in the service register.

(2.) PETITIONER gave an application on 4-1-1996 for altering the date of birth from 1-7-1941 to 18-9-1950 on the ground that in the School record his date of birth is entered as 18-9-1950. The said request for alteration of date of birth was rejected as per endorsement dated 22-8-1997 (Annexure-B) issued by the second respondent. Feeling aggrieved, petitioner has filed this petition and sought quashing of Annexure-B and a direction to the respondents to correct the date of birth as 18-9-1950 in the service register in place of 1-7-1941.

(3.) THE learned Government Pleader was directed to secure the records and the original service register. He has accordingly produced the same. The service register disclosed that it was opened in the year 1984 when the petitioner was ordered to be absorbed into monthly rated establishment of the Assistant Executive Engineer, No. 2 PWD Sub-Division, Gubbi. The petitioner contends that even though he was taken on the monthly rated establishment with effect from 13-1-1984, his services were regularised with effect from 1-1-1994 as per order dated 14-12-1995; and, therefore, having regard to Section 5 (2) of the Karnataka State Servants (Determination of Age) Act, 1974 (the Act', for short), he is entitled to make an application within three years from the date on which his services were regularised; and as the regularisation was with effect from 1-1-1994, and the application for alteration was given on 4-1-1996 within three years, it could not have been rejected, but ought to have been considered under Section 5 (2) of the Act. 3-A. Section 3 (4) of the Act provides that the age and date of birth accepted and recorded or deemed to have been accepted and recorded in the service register or book or any other record of service under sub-section (2) or sub-section (3), shall subject to any alteration made under section 5, be applicable for all purposes relating to the conditions of service including superannuation and retirement of the State servant concerned.