PAREMESWAR JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 30.01.2014 passed by the learned single Judge in W.P.(C) No.3291 of 2013 rejecting the same which was filed by the present appellant to correct his date of birth in his Service Roll.

(2.) The appellant was working as Khalasi under Work Charged Division of Rengali Dam Project. In service roll, his date of birth was originally entered as 01.04.1960. Subsequently, the said entry was corrected and mentioned as 01.04.1950 with the seal and signature of the appointing authority. The signature of the appellant also appeared on the page. Consequently, the appellant was retired from the service on 31.03.2010 on attaining the age of superannuation of sixty years. Therefore, he made a representation before the appointing authority that his actual date of birth was 01.08.1954 and the date mentioned as 01.04.1950 was made behind his back and without his knowledge since because as per School Leaving Certificate his date of birth was 01.08.1954. Since his representation did not yield any result, he approached this Court in W.P.(C) No.3291 of 2013 assailing the said act of the appointing authority in entering the wrong date of birth in his service roll and consequential early retirement.

(3.) The writ petition has been dismissed by the learned Single Judge with the observation that the page of the Service Roll wherein the date of birth of the appellant-petitioner was corrected from 1960 to 1950, also carried signature of the appellant-petitioner, and further as per the settled position of law as reported in the case of State of Gujarat & Ors v Vali Mohmed Dosabhai Sindhi, 2006 AIR(SC) 2735 the date of birth entered in the service record cannot be corrected at a belated stage. It has also been observed by the learned Single Judge that although the appellant-petitioner claimed his date of birth to be 01.08.1954 as per his School Leaving Certificate, still he did not raise any objection earlier rather continued in service and made a representation before the concerned authority only after his retirement.