B A JADEJA Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner, a Superintending Engineer under the Gujarat Electricity Board has prayed for a declaration that the petitioner's correct date of birth is 27.9.1946 and not 6.8.1944 as entered in his service book. The petitioner has also prayed for a direction to the respondents to correct the petitioner's birth date as aforesaid.

(2.) The petitioner joined service under the respondent Gujarat Electricity Board as a Junior Engineer on 7.3.1970. The petitioner was, thereafter, promoted as Deputy Engineer, Executive Engineer and ultimately Superintending Engineer, which post the petitioner is presently holding. In the year 1983 the petitioner submitted a representation to the respondent Board requesting the authorities to change the petitioner's birth date from 6.8.1944 as entered in the service book to 27.9.1946 on the strength of certificate dated 8.3.1983 issued by the Sarpanch, Sapar Gram Panchayat stating that the petitioner was born at village Sapar on 27.9.1946 as per the entry made at SNo. 245 on page No.12 of the birth and death register of the Sapar Gram Panchayat. However, the authorities did not take any decision, and it was only on 1.1.2002 that the Deputy General Manager of the respondent Board called upon the petitioner to furnish the documents like School Leaving Certificate, certificate issued by the SSC Board, details about the birth date of the brothers and sisters of the petitioner and also their School Leaving Certificates. The petitioner complied with that request by furnishing all the requisite documents with the petitioner's letter dated 11.1.2002. However, the authorities did not take any decision, and apprehending that the petitioner would be made to retire on superannuation on 31.8.2002, the petitioner filed the present petition on 24.6.2002. Reliance is placed on the Government Resolution dated 18.2.1974 and also on the GEB circular dated 20.6.1986 laying down that in case of discrepancy between the birth date mentioned in the School Leaving certificate and that mentioned in the Birth and Death Register, the birth date mentioned in the Birth and Death Register should be accepted as correct for all purposes.

(3.) In response to the notice issued by the Court, affidavit in reply has been filed by the Industrial Relations Officer of the respondent-Board resisting petition and contending that although representations were made in 1983 nothing was done by the petitioner till the fag end of his career. The petitioner is estopped from applying for correction of the birth date which he had himself given at the time of joining service in the year 1970 on the basis of the School Leaving Certificate. Reliance is also placed on the GEB circular dated 22.2.1999 superseding the previous circular dated 20.6.1985.