MOTILAL CHIMANJI HARIGAR Vs. AHMEDABAD MUNICIPAL TRANSPORT SERVICE

JUDGEMENT

(1.) The petitioner, who was working in the respondent-Transport Service, filed this petition before this Court for correction of his recorded date of birth in service record.

(2.) The petitioner joined the service in the workshop of the respondent as Hameriman in the year 1952. The petitioner was promoted as Blacksmith and he retired on that post. When the petitioner joined the service in the workshop of respondent-Transport Service, the application form was not filled up by him. The petitioner alleges himself to be completely illiterate person, but he further alleged that he learned to sign his name. The petitioner has further stated that he is unable to read Gujarati and English. The petitioner puts blame on respondent that when he joined the service of respondent, the respondent had not demanded from him any birth certificate or any other evidence in support of his date of birth and the medical examination was also not taken as per Rules of the respondent-Transport Service. The petitioner has made a statement in para-3 of this Special Civil Application that he submitted one medical certificate from the private Doctor for the purpose of health which was given after one year passed in service. In the. said certificate, his approximate age has been mentioned by the Doctor on the basis of certain questions asked by the Doctor about his age. That was the approximate age of the petitioner mentioned in the certificate issued by the Doctor, In the month of June 1983, the petitioner came to know from one worker that he will be retired from July 1983. The petitioner is the resident of Balatora village in Rajasthan and he was born there. He, therefore went to that village and inquired about his date of birth, and from the said village he found that he was born on 8.12.1927. The petitioner obtained a birth certificate from the Baratora village on 22.6.83. Thereafter he applied to the Chairman of the Transport Service inter alia stating that his recorded date of birth in the service record be corrected as per the birth certificate enclosed therein. The petitioner has given that application on 27.6.83. The respondent No. 3 has replied that application under its letter dated 29.6.83 in which the petitioner was informed that the application of the petitioner for change in the date of birth will not be considered because it was time barred in view of the Circular No. 63 dated 27.7.82. A copy of the alleged birth certificate is submitted by the petitioner as Annexure 'B' to this Special Civil Application. The petitioner was ordered to be retired with effect from 31st July 1983 under the notice which was received by him admittedly on 7.7.83. The petitioner has come up with the case after this notice that he, on inquiry made, came to know that his date of birth has been considered as 8.7.1925 on the basis of medical certificate. Hence this Special Civil Application before this Court.

(3.) The respondent contested this petition by filing an affidavit-in-reply. After filing of this Special Civil Application, it appears that the petitioner prayed for the amendment of the writ petition and the same has been allowed. Under this amendment the petitioner has also challenged the Circular No. 63 dated 27.7.82.