BRIGADIER GURDIAL SINGH Vs. UNION OP INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for a writ of mandamus requiring the Central Government to decide an appeal preferred by the petitioner for the determination of his age.

(2.) THE petitioner was employed as a Sepoy on October 25, 1929 He was given Emergency Commission on June 13, 1941, and Regular Commission in 1946. At the time of his entry in service, he gave his date of birth as November 5, 1912. THE petitioner's case is that his father died in his early childhood and his mother being a Pardanashin and uneducated lady, one of his relations, Sardar Ishwarsingh, had got him admitted to a primary school at Nawashahar, district Jullundur, on November 5, 1920 Sardar Ishwarsingh gave out the petitioner's age to be about 8 years and the school authorities entered his date of birth as November 5, 1912, (exactly 8 years preceding the date of his admission). THE same date was accordingly entered in his Matriculation certificate.

(3.) BY a communication dated October 24, 1962 (annexure F), the petitioner's head quarters, were informed that the Government had not accepted his date of birth as May 10, 1915. The relevant portion may be reproduced here:-