LALTANPUIA, S/O TLANGBIAKTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. A.R. Malhotra, learned counsel appearing on behalf of the petitioner as well as Mr. A.K. Rokhum, learned Addl. Advocate General, Mizoram appearing on behalf of the respondents.

(2.) IT is submitted by Mr. A.R. Malhotra, learned counsel for the petitioner that the petitioner was initially appointed on 2.3.1976 to the post of Gram Sewak. After further promotions, the petitioner is now presently serving as Agriculture Extension Officer. He submits that while entering into service, the date of birth of the petitioner was wrongly recorded as 15.03.1954 in his service book. Accordingly, the petitioner made complaint within 5 years of entering into service and basing on his High School Leaving Certificate, his date of birth was recorded as 1.3.1956 in his service book by the District Agriculture Officer. Subsequently, the respondent No. 4 had certified on 19.10.1992 that the date of birth of the petitioner was attested as 1.3.1956 as per the certificate issued by the Principal, Government Higher Secondary and Multipurpose School, Aizawl. Suddenly, after serving for around 36 years of service, the petitioner was confronted by a communication dated 13.02.2013 whereby the Secretary, Agriculture Department was informed that the DP&AR(GSW) approved 15.03.1954 as the correct date of birth in respect of the petitioner. The Department was further requested to enter the approved correct date of birth i.e. 15.03.1954 in his service book. On the basis of the said communication dated 13.02.2013, the Under Secretary to the Govt. of Mizoram, Agriculture Department had written to the respondent No. 5 by a letter dated 25.02.2013 returning the service book and original birth certificate in respect of the petitioner with further information that the DP&AR(GSW) vide their I.D. dated 13.2.2013 has approved 15.3.1954 as the correct date of birth in respect of the petitioner.

(3.) THE State respondents has resisted the writ petition by filing counter affidavit. Mr. A.K. Rokhum, learned Addl. Advocate General submits that it is not clearly discernible as to who had corrected the date of birth of the petitioner in his service book from 15.3.1954 to 1.3.1956 and the correction of the date of birth is doubtful. He also submits that the Director of Agriculture Department had not intimated the matter to the Government who is the sole authority for making such correction. He submits that the alteration/correction of the date of birth of the petitioner was done on 11.10.1992 whereas the petitioner had entered service on 2.3.1976. He, therefore, submits that the correction of the petitioner's date of birth in his service book was done after 16 years of his joining service and the same is not in consonance with the law laid for this purpose. He, therefore, submits that the impugned communications dated 13.2.2013 and 25.2.2013 may not be interfered with.