CHANIKA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) V. K. Shukla, J. Present writ petition has been filed by the petitioner for issuing a writ in the nature of mandamus commanding the respondents to correct the date of birth of the petitioner as 11-1-1952 in service record in place of 1-1-1947.

(2.) BRIEF facts as mentioned by the petitioner in brief is that petitioner has been appointed on 5-11-1979 on the post of Assistant Craftsman at the Carpet Wearing Training Center, Indian Handicraft Board, Rauza Ghazpur, District Varanasi. Petitioner has contended that presently he is posted at Bareilly. It has also been stated that in the month of September, 2003 he was informed that he would retire on 31-12- 2006. Petitioner has contended that the moment he acquired knowledge of this fact in the month of September, 2003, application dated 13-9-2003 was moved for making correction. Petitioner has contended that no action was taken on the said application, which was moved. Petitioner has contended that his date of birth has been wrongly recorded in the service book and in this regard he tried to place reliance on the copy of the 'kutumb Register' issued by the Block Development Officer Chilh, Mirzapur on 23-11-2004. It has been contended that date of birth, which has been entered in service record is merely on whims and in arbitrary manner and in this regard Annexure-4 to the writ petition has been referred to. Petitioner has contended that when application of petitioner was received, then explanation was called for by him. Petitioner has contended that he filed explanation on 24-10-2005. It has been contended that as nothing has been done, as such present writ petition has been filed.

(3.) AFTER respective arguments have been advanced, undisputed position is that in the service book of the petitioner, which was prepared by the department, his date of birth was recorded as on 1-1-1947. At no point of time, during his continuance in service any attempt or endeavour has been made by the petitioner to get his date of birth changed. Petitioner has contended that in the year 2003 he acquired knowledge of his incorrect date of birth and thereafter, he moved an application to the concerned authority. It is well settled that date of birth, which has been recorded in service book in the absence of High School Certificate is final and same cannot be permitted to be altered and specially when an incumbent is virtually at the verge of attaining the age of superannuation.