CHINTAMAN MASULKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner working as Patwari in the revenue department of the State of M.P. has filed this petition under Article 226 of the Constitution of India for issuing appropriate writ in the nature of mandamus directing the respondents/authorities to correct his date of birth as "5.5.1954" at the place of "10.4.1952" in the service record with a further direction to extend him all consequential benefits accordingly.

(2.) The facts giving rise to this petition in short are that the petitioner was appointed on the post of Patwari in the service of respondent No.1 vide order dated 3.1.1986 (Annexure P/5). In connection of the aforesaid appointment, the requisite informations including the date of birth "10.4.1952"were given by the petitioner. The same date of birth i.e 10.4.1952 was mentioned in the mark-sheet of his Higher Secondary School Examination of 1973 (Annex.P/3). Pursuant to aforesaid information of the petitioner, in his service book and record, his date of birth "10.4.1952" was recorded and since then the same is coming in the record. After completing the service of near about 25 years, the petitioner has come to this court with the case that near about year 2009 from the Certificate of Primary School Education of the year 1966 (Annex.P/1) and the School Leaving Certificate issued on 12.10.88 with the signature of the Head Master of the concerning school (Annx.P/2) in which his date of bith "5.5.1954" is mentioned, he came to know about his correct date of birth and the aforesaid mistake of supplying the wrong date of birth at the time of entering in the service, on which, immediately along with copy of the aforesaid Annexures P/1 and P/2, he submitted his representation (Annex.P/6) in the office of the respondents/authorities on 2.6.2009 to correct his date of birth as "5.5.1954" and since then such representation has neither been considered nor his date of birth has been changed in the service record, on which, the petitioner has come to this court with this petition.

(3.) In the return of the respondents, it is stated that the petitioner, according to his own case joined the aforesaid service in the year 1986 and the aforesaid representation (Annex.P/6) along with Annexures P/1 and P/2 has been made in the year 2009. It is further stated that in this regard, the District Education Officer, Balaghat has conducted an enquiry. According to its report dated 16.3.2011 (Annex.R/1), the date of birth of the petitioner in 6 th Class certificate and marksheet was found to be 10.4.1952 while in the Dakhil Kharij/ Admission Register, the same was mentioned as 5.5.1954. In such premises, the date of birth 10.4.1952 mentioned by the petitioner, at the time of entering in the service, based on Higher Secondary School certificate and the same has been accepted since long for years together by him, cannot be corrected. As such, in recording his date of birth 10.4.1952 in the service record, no clerical error was committed by any official of the respondents No.1 to 4. As per further averments, in the available factual matrix, in the light of Rule 84 of the M.P. Finance Code Bill also (Annx.R/2), such correction could not be carried-out at the fag end of the service or at the eve of retirement of the petitioner in near future. If such alteration is directed to be carried out then it would cause prejudice to the interest of the respondents department and prayer for dismissal of the petition has been made.