M A JALIL Vs. STATE OF MANIPUR

JUDGEMENT

(1.) By this writ petition the petitoner has assailed the order dated 2nd September, 1994 (Annexure-A/12) rejecting the petitioner's prayer to change the date of his birth from 18.9.1936 as originally recorded in his service book to 1.3.1941.

(2.) I have heard Mr. T. Nandakumar Singh, learned senior counsel for the petitioners as well as Mr. K. Irabot Singh, learned senior Government Advocate.

(3.) The facts leading to the filing of the present petition are these. Petitioner entered service as L.D.C. on 24.12.1956 in the Election Office. The service of the petitioner, thereafter transferred to Youth Affairs and Sports, Govt. of Manipur. Presently he is holding the post of Special Officer in the Directorate of Youth Affairs & Sports, Govt. of Manipur. The date of birth recorded in his service book at the time of entering the service was as on 18.9.1936. According to date recorded in his service book the petitioner is due to retire on superannuation with effect from 30.9.1994. It appears from Annexure-A/3 and Annexure-A/4 the petitioner submitted an application dated 3.11.1983 and 25.6.1985 to change his date of birth from 18.9.1936 to 1.3.1941, on the basis of Matriculation Certificate which were duly recommended by the Director, Youth Affairs & Sports. By an order dated 7th November, 1991 the Government of Manipur changed the date of birth of the petitioner from 18.9.1936 to 1.31.1941, purportedly on the basis of the representation submitted by the petitioner. The aforesaid order dated 7th November, 1991 changing the date of birth of the petitioner from 18.9.1936 to 1.3.1941 has been cancelled by another order dated 25th May, 1993 (Annexure-A/8). The order dated 25th May, 1993 was the subject matter in Civil Rule No. 756 of 1993. This Court by an order dated 29th July, 1994 disposed of the writ petition by quashing the impugned order dated 25th May, 1993 as being violative of the principle of natural justice. This Court further directed the competent authority to give show cause notice to the petitioner within 15 days and passed necessary appropriate order as deem fit and proper after hearing the petitioner. Pursuant to the aforesaid direction the petitioner was given show cause by a Memorandum dated 10th August, 1994 (Annexure-A/10) and after showing cause and after hearing the petitioner the impugned order dated 2nd September, 1994 has been passed (Annexure-A/12), rejecting his claim.