BUDDHI BALLABH BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal emanates from the judgment and order of learned Single Judge passed in WPSS No.1092 of 2020 (Buddhi Ballabh Bhatt vs. State of Uttarakhand & others) dtd. 30/9/2022 by which the writ petition filed by the appellant seeking correction of his date of birth in service records has been dismissed.

(2.) The facts which are necessary to dispose of the appeal are recapitulated as under:- Appellant was appointed as Line Coolie in the Department of Electricity Distribution Division Tehri Garhwal on 18/6/1984. In the year 1991, the appellant came to know that his date of birth is not correctly mentioned in the service book as per his educational certificates submitted by him at the time of his joining in service. He made a representation before the Sub-Divisional Officer Electricity, Tehri Garhwal dtd. 10/1/1991 to correct his date of birth in the service record, but of no result. It is the case of the appellant that when he joined service in the year 1984, prior to that, appellant had appeared in high school examination in the year 1981, but he failed and a mark-sheet of his being 'fail' was issued by the Board on 4/8/1981. According to the appellant, at the time of his joining, he submitted his 'fail' mark-sheet dtd. 4/8/1981, his transfer certificate in which his date of birth was correctly mentioned as 2/5/1966. But due to clerical error of the respondent authorities, in the service book his date of birth was wrongly transcribed as 2/5/1964. The appellant-writ petitioner subsequently, passed his high school examination in the year 1990 and thereafter, intermediate in the year 1993.

(3.) It is also the case of the appellant that since 1991 he regularly kept on writing to the respondent no.5, under which he was working, to correct his date of birth, but no heed was given by the respondent on the same. The record of the writ petition is repleted with such applications moved and received by the respondent on 10/9/1991, 11/3/1992, 12/7/1994 and 29/12/2017. From the record, it is reflected that some time, in between the years 2000-2002, the Divisional Engineer wrote letters to the Executive Engineer, Electricity Distribution Division U.P. Power Corporation Limited to send for the original copies of mark-sheet and other documents attached to the service book of the appellant so that the date of birth of the appellant could be verified, as in the service book, appellant's date of birth is mentioned as 2/5/1964 while in the high school certificate, the copy of which is attached in the service book, his date of birth is written as 2/5/1966. But, when this exercise did not get favorable respite to the appellant, he was constrained to file WPSS No.2688 of 2019 (Buddhi Ballabh Bhatt vs. State of Uttarakhand and others) which was disposed by a learned Single Judge of this Court on 10/12/2019 directing the competent authority to take decision on appellant's representation.