R R CHINOY Vs. BANK OF BARODA

JUDGEMENT

(1.) Both these appeals are disposed of by this common order as they are arising out of common judgment and order dated 24.06.1998 passed by the learned single Judge of this court dismissing Special Civil Application Nos. 2429 of 1998 and 2430 of 1998 filed by the respective appellants against common opponent - Bank of Baroda.

(2.) Common question involved in these matters is of change of date of birth. Appellant - R.R.Chinoy of Letters Patent Appeal no. 900 of 1998 had shown his birth date as 01.01.1954 on the basis of Secondary School Examination Certificate at the time of joining the bank as Clerk on 14.10.1976. Thereafter, after a period of almost 15 years of joining service, he applied for change of his birth date to 17.01.1955 instead of 01.01.1954 by way of representation dated 09.04.1991. His first representation was rejected on 27.05.1991 by the opponent - bank. Thereafter, after a period of more than six years, he made another representation dated 19.05.1997 for changing his birth date which was also rejected on 13.09.1997. This time, he approached this court by way of Special Civil Application No. 2430 of 1998. As stated earlier, it was dismissed by a common judgment and order dated 24.06.1998 passed by the learned single Judge of this Court. Appellant - J.P.Gandhi of Letters Patent Appeal no. 901 of 1998 had shown his birth date as 31.01.1947 at the time of joining opponent - bank as Clerk on 13.04.1970 on the basis of his School Leaving Certificate. Thereafter, in 1997, he made the representation to the opponent - bank to change his birth date as 31.01.1949 instead of 31.01.1947. His representation was rejected. Therefore, he also filed petition i.e. Special Civil Application no. 2429 of 1998. The said petition was also dismissed by common judgment and order dated 24.06.1998 passed by the learned single Judge of this Court. Aggrieved by the same, both the appellants have filed above appeals.

(3.) Learned counsel Shri Vaishnav for the appellants in both the matters vehemently submitted that when there was authentic evidence in the nature of their birth certificates, then the opponent - bank ought to have accepted their representations and correct their birth dates. He also submitted that the learned single Judge erred in dismissing their writ petitions relying on the judgment of the Hon'ble Supreme Court in case of Union of India V/s C.Rama Swamy and others reported in (1997) 4 SCC 647 (=) AIR 1997 SC 2055. He submitted that in the instant case, learned single Judge ought to have directed the bank to hold a detailed inquiry and thereafter come to just and proper conclusion. However, learned counsel Shri Darshan Parikh for the respondent - Bank of Baroda supported the judgment and order passed by the learned single Judge on 24.06.1998 and submitted that while rejecting their representations for correcting their birth dates, the opponent - Bank has not committed any error as both the appellants themselves have filled up their correct birth dates on the basis of School Leaving Certificates. Therefore, later on, after a period of almost 1 1/2 or 2 decades, no such correction can be made merely on the basis of such birth certificates which does not show the names of the appellants in it.