PATEL LALABHAI MADHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with following prayers:-

(2.) The petition pertains to correction in the date of birth reflected in the service book of the petitioner. The main contention is that in the impugned order dated 05.08.2019 rejecting application for correcting date of birth in service book, is is recorded that the application is filed beyond period of five years from the date of joining of service.

(3.) Learned Advocate for the petitioner submitted that the petitioner had entered in the services of the respondent-Nagarpalika as a driver by ad hoc appointment order dated 22.09.2009 and after completing of period of five years on fixed pay as ad hoc employee, the petitioner was given permanent appointment on 21.01.2016. The effect was given from 30.09.2014. It is therefore contended that as the petitioner was given benefit of permanent employee on 21.06.2016, the application for correcting date of birth in service book filed by the petitioner on 24.06.2019, is within period of five years and therefore, the order at Annexure-A dated 05.08.2019 is required to be quashed and set aside.