HARIKRISHNA GHANSHYAMDAS BRAHMBHATT Vs. CHIEF OFFICER AND ORS

JUDGEMENT

(1.) CHALLENGE is made by the petitioner, in this writ petition preferred under Article 226 of the Constitution of India, to the action of the respondents in not correcting the date of birth from 23rd May 1951 to 15th August 1958 in the service book, in the following background.

(2.) PETITIONER was in service of the respondent no. 1Kambhat Municipality in its Octroi Department from 1st April 1977. His service book records his date of birth as 23rd May 1951 and accordingly his superannuation from service is recorded w.e.f 23rd May 2009.

(3.) IT is averred by the petitioner that in the year 2008, when he was informed by his colleague about his date of retirement, it came to him as a shock and therefore, he communicated with the respondent whereby the said fact got confirmed. As per the birth date recorded in the service book being 23rd May 1951, fifty eight years would be completed on 23rd May 2009 and as such his retirement would be effected from 31st May 2009. The petitioner therefore approached the respondent no. 1 to correct his birth date vide communication dated 12th March 2009 and urged that his birth date in fact is 15th August 1958. It is also urged that for the reasons not known to the petitioner, the record had wrongly mentioned his birth date as 23rd May 1951. The respondent no. 1Municipality did not pay any heed, and therefore, on 6th May 2009 and 18th May 2009, he once again communicated reiterating the said request. He also demanded documents on the basis of which date of birth of the petitioner was entered into the service book and insisted upon correction of the same.