LAWS(DLH)-2008-2-132

RATTAN SINGH ROOP Vs. BHARAT HEAVY ELECTRICAL LTD

Decided On February 05, 2008
RATTAN SINGH ROOP Appellant
V/S
BHARAT HEAVY ELECTRICAL LTD. Respondents

JUDGEMENT

(1.) THE petitioner has sought quashing of office order dated 23rd March, 1996 relieving the petitioner on afternoon of 23rd March, 1996, (24th being sunday) from Bharat Heavy Electricals Ltd and a direction to respondent No. 1 to reinstate the petitioner in the services and pay the salaries and allowances after correcting his date of birth from 8th March, 1938 to 9th March, 1939 as recorded with the respondent No. 1.

(2.) THE petitioner has contended that he did his matriculation from Punjab university in the examination held on March 1995 and a matriculation examination certificate was issued to him where his date of birth was recorded as 8th March, 1938.

(3.) ACCORDING to him, his date of birth was recorded wrongly in the school on account of clerical mistake while converting the date of birth recorded in vikrami Era (Hindi Calendar) to Esvi Era (English Calendar) on admission of the petitioner in a different school for his matriculation examination. After completing his schooling from Punjab University, the petitioner joined as a overseer Electrical after passing Diploma in Electrical Engineering from university of Rurki, Rurki. According to the petitioner, in March 1989 one of his friends while flipping through his school record told him that his date of birth recorded as 25th Phagun, 1995 (Vikrami Era) in the transfer certificate of 8th class issued by A. V. Middle School, Gharuan, District Ropar, Punjab, does not tally with the date of birth recorded as 8th March, 1938 on conversion to english Calendar in the admission form to the 10th class of Khalsa High School, kurali, District Ropar, Punjab. According to the petitioner, on conversion his date of birth should have been 9th March, 1939 and not 8th March, 1938 which mistake was inadvertently committed by the concerned school.