R B BURMAN Vs. DIRECTOR GENERAL & IGP

JUDGEMENT

(1.) By filing this petition, the petitioner has prayed that appropriate writ or direction may be issued directing the authority to correct his birth date.

(2.) When the petitioner joined the service, his date of birth was recorded as 1-3-1949, but after some time, when work of house repair was carried out at his residence, the petitioner found birth certificate issued by the Ahmedabad Municipal Corporation, which shows that the petitioner was actually born on 6-10-1950. In view of that he had applied to the authority by his application dated 6-6-1991, which is at page 10 in the compilation, and requested to correct his birth date from 1-3-1949 to 6-10-1950. By letter dated 5-9-1991, the petitioner was informed that his prayer for correction in birth date is not accepted. Thereafter, the petitioner carried the matter further with Principal Secretary, Home Department vide his letter dated 21-1-992 giving particulars about his birth date. By letter dated 8-10-1993, the petitioner was informed that in view of the provisions of Bombay Civil Services Rules ("BCSR" for short), more particularly, Rule 171 which provides that for correction in birth date, a Government servant is required apply within five years from the date of joining service, and since the petitioner has not applied within the said period, his prayer cannot be accepted. Being aggrieved by said order, the petitioner has approached this Court by filing present petition.

(3.) Mr.Supehia, learned advocate for the petitioner submitted that the time limit prescribed under Rule 171 of BCSR came into existence in 1992, while the petitioner was appointed prior to that period and, therefore, said rule cannot be made applicable retrospectively in the case of the petitioner. It is also submitted by him that the petitioner approached the authority about 16 to 17 years before his retirement age, because even as per the incorrect birth date, the petitioner is to retire in 2007 and it cannot be said that the petitioner has approached the authority on the eve of his retirement.