K N NARAYAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) How after entry in the service of the Government, the employees make all sort of attempts to get their recorded date of birth corrected is a matter which clearly exhibited from this Special Civil Application.

(2.) The petitioner entered in the services of the respondent State in its Geology & Mining Department as a Class IV employee in the year 1962. In his school leaving certificate 8/7/37 is date of his birth. He was admitted in the school on 6/5/46. On the basis of this certificate in his service record 8/7/37 is his recorded date of birth. On 2/12/91 after about 29 years of his entry in service he filed an application to the respondent for correction in his recorded date of birth in the service record and claimed his date of birth as 10/11/41. So he wanted to get a jump of about 4 years in the service. This change in his recorded date of birth is sought on the basis of certificate of the President of the Gram Panchayat dated 3/8/91. This application was came to be rejected under the order of the respondent dated 17/2/92 Annexure-B and this order has been challenged by the petitioner in this Special Civil Application. This Special Civil Application is filed by the petitioner in the court on 24/6/94 i.e. after more than 2 years and 4 months of the rejection of his this application for correction of his recorded date of birth by the respondent.

(3.) The learned counsel for the petitioner contended that the ground given by the respondent for rejection of his application is wholly arbitrary and unjustified. It has next been contended that in his service book his date of birth has wrongly been recorded as 8/7/37 on the basis of the school leaving certificate, in which his date of birth has incorrectly recorded. He stated that on the face of it is incorrect as nobody will get admission in the school after 9 years of his birth. Lastly it is contended that it is a case of class IV employee and as the petitioner is not fully educated and his recorded date of birth may be ordered to be corrected.