GAGAN CH. KALITA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner by way of the instant writ petition, has put to challenge an order dtd. 22/11/2021, whereby a request for correction of his date of birth, in his service record from 12/4/1965 to 18/1/1969, has been rejected by the respondent No. 3 (Superintendent of Police, West Garo Hills).

(2.) The case of the petitioner is that, he had joined service on 1/7/1987, as a Fireman and came to learn about the incorrect entry as to his date of birth, only on 12/8/2020, which he maintains should have been recorded in his service book as 18/1/1969, instead of 12/4/1965. Thereafter, the petitioner had submitted a written application for change in the date of birth along with supporting documents, namely Birth Certificate issued on 25/3/2021, an affidavit dtd. 31/8/2021, and his High School Leaving Certificate Admit Card, in support of his claim. His request however, was rejected by the impugned order, hence the instant writ petition.

(3.) Mr. S. Deb, learned counsel for the petitioner submits that, the rejection of the request of the petitioner is unjustified, inasmuch as, the petitioner has produced irrefutable evidence to show that, his date of birth is 18/1/1969, and not 12/4/1965, as recorded in his service book. The only lapse on the part of the petitioner, he submits, is that the request for correction of his date of birth was made at the fag end of his career, and not within 3 (three) years from the date of superannuation, as prescribed by SR 8 of the Meghalaya Fundamental and Subsidiary Rules, 1984. It is submitted that, this lapse occurred due to the advent of the COVID epidemic, which prevented the petitioner from approaching the respondents within the time as prescribed. It is also submitted that, the Identity Card of the petitioner shows his correct date of birth, and that he came to learn about the discrepancy only when he received his GPF statements for the year 2019-2020.