(1.) Factual matrix, as set out in the writ petition, in short compass, is that in the year 1966, the petitioner was appointed on the post of Typist in the office of the Commissioner, Lucknow Division. Lucknow. The mother of the petitioner expired in the year 1943 and his father remarried in the same year. The step mother of the petitioner, at the time of the admission of the petitioner, for the first time in Class V in Shia School, Lucknow, got recorded date of birth of the petitioner as 1.7.1937. In the year 1982, the petitioner came to know that his date of birth was wrongly recorded in the Scholar Register as well as in the service record. The petitioner obtained a certificate from the Municipal Board, Lucknow on 3.3.1983, according to which his date of birth was mentioned as 1.7.1942.
(2.) It has been averred in the supplementary-affidavit that in the year 1983. the petitioner submitted a representation to the Commissioner. Lucknow Division, Lucknow, for the correction of his date of birth in the service record. The Commissioner forwarded the representation of the petitioner along with relevant documents to the Secretary, Government of U.P., Revenue Department. Lucknow, for passing appropriate orders. Even prior to that representation, the petitioner addressed a letter to the Commissioner to write a letter to Chief Medical Officer. Lucknow, to examine him and issue a certificate regarding the age of the petitioner. The Chief Medical Officer examined the petitioner on 27.9.1984 and gave a certificate to the extent, that at the time of medical examination, the petitioner was aged about 42 years.
(3.) On 1.9.1986. petitioner represented to the Secretary, Higher Secondary Education Board, U.P., which was forwarded by the Commissioner, on 15.9.1986. In the said representation, the petitioner stated that the petitioner, who was working as Personal Assistant to the Commissioner, has applied for the correction of his date of birth entered into the High School Certificate. The Commissioner also noted that the petitioner in support of his contention that his date of birth was wrongly recorded in the High School Certificate, has submitted strong evidence which appears to be practicable and reasonable. Hence, his application should be considered sympathetically and a decision be taken in that regard.
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