SURENDRA SINGH RAJPUT Vs. STATE OF M.P.

JUDGEMENT

(1.) SEEKING correction of his date of birth and challenging the order passed by the respondents rejecting his claim for correction of date of birth, petitioner has filed this writ petition. Petitioner entered the service in the respondents' department as a constable on 12.6.1974. According to the petitioner at the time of entry in service, his service book was prepared. It is stated that petitioner at the relevant time produced a school leaving certificate - Annexure A/2, showing his date of birth as 27.10.1955. Petitioner has also produced a driving license - Annexure A/3, showing his date of birth to be 27.10.1955. He also produced a pan card - Annexure A/4, wherein also his date of birth is shown as 27.10.1955. According to the petitioner, inadvertently at the time of entry into service his date of birth has been wrongly mentioned as 27.10.1953 and as there was an error he submitted a representation and as the representation is rejected, he filed this writ petition.

(2.) IT is pointed out by learned counsel for the petitioner by placing reliance on the documents - Annexures A/2, A/3 and A/4 that his correct date of birth as entered in these documents have not been entered and no proper inquiry into the matter was conducted. Accordingly, contending that the date of birth of the petitioner has not been entered correctly, petitioner seeks interference into the matter.

(3.) LEARNED counsel for the respondent State points out that the certificates now produced by the petitioner were never produced at the time of entry in service. Learned Government Advocate submits that Annexure A/2, the so called transfer certificate is a duplicate transfer certificate, which is issued to the petitioner in the year 2009. That apart, the driving license and the pan car are issued in the years 2010 and 2011. Accordingly, contending that now at this stage correction of date of birth is not permissible in view of the provisions of Rules 84 and 85, of the M.P. Financial Code, which contemplates that correction of date of birth should be made within a period of five years of entering into service.