O P BHALLA Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) This petition has been filed by the petitioner primarily to take benefit of the judgment of the Supreme Court in the case of Union of India v. Harnam Singh, AIR 1993 S.C. 1367. In this judgment, the Supreme Court while interpreting note (5 to Fundamental Rights 56, governing the correction of the date of birth in service record, has interpreted that within 5 years from the date of this notification, (30.11.79) the Government servant can apply for any correction in the date of birth.

(2.) The submission of the petitioner is that he has applied for correction within 5 years from the date of the said notification, and the respondent/N.D.M.C. was under an obligation to correct the same but the respondent has erroneously and illegally rejected the petitioner's representation to that effect. Brief facts which are necessary to appreciate the controversy involved in this case are set out as under:

(3.) The petitioner who was an employee of the New Delhi Municipal Committee (N.D.M.C.). At the time of joining the service, 19th April, 1936, was recorded as the date of his birth. This was done on the basis of school leaving certificate filed by the petitioner.