N G PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged the order dated 27th February 1996 whereby the correction in the service record carried out in the year 1976 with regard to the date of birth of the petitioner was cancelled. The petitioner has also challenged the order dated 29th August 1996 retiring the petitioner from the service of the Government with effect from 31st August 1996.

(2.) The petitioner joined the services of the Government as Sub Inspector in the Directorate of Prohibition and Excise on 17.11.1962. He was thereafter promoted as Inspector and lastly as Superintendent of Prohibition and Excise in the Directorate of Prohibition and Excise in the year 1989.

(3.) The date of birth of the petitioner as per school leaving certificate is 6.8.1938 and the same was entered in the service record of the petitioner. However, later on it came to the notice of the petitioner that as per the birth register the correct date of birth of the petitioner was 20.5.1940 and not 6.8.1938 as shown in the school leaving certificate. The petitioner, therefore, represented before his appointing authority i.e. the Director of Prohibition and Excise. After detailed scrutiny and on the basis of Government Circular dated 18.2.1974, the Director of Prohibition and Excise passed order dated 2.6.1976 directing that the date of birth of the petitioner may be corrected as 20.5.1940 instead of 6.8.1938. Pursuant to this correction in all the correspondence and documents prepared and published by the Government, including the seniority list, the date of birth of the petitioner was shown as 20.5.1940.