K. THANMAWIA Vs. STATE OF MIZORAM AND OTHERS

JUDGEMENT

(1.) I have heard learned counsel for the parties.

(2.) The petitioner was appointed to the post of Lower Division Assistant in the department of Agriculture. He passed High School Leaving Certificate (for short, HSLC) examination in 1970. This certificate issued by the board of secretary Education, Assam indicates his age as 16 years 10 months in March 1970. This would mean that he was born on 1/5/1953. Though at the time of entry into the service be submitted all the documents including copy of the HSLC, unfortunately in his service book the date of his birth was wrongly recorded as 1/3/1950. This wrong entry came to his notice only in 1987 when he submitted a representation to the Head of the department seeking correction of his date of birth. On the basis of the HSL Certificate the correction was done in the service book in 1988 showing his date of birth as 1/5/1953. Long thereafter, on 8/3/2006 Under Secretary, DP and AR (GSW) made a communication to the Under Secretary, Secretary Service Wing that DP and AR has accepted 1/3/1950 as the correct date of birth of the petitioner. No reason has been recorded in the said communication why all on a sudden, after a long period of about 17 years, occasion had arisen for the DP and AR to revert to the wrong entry which was corrected by the administrative department of the petitioner in 1988. Thereafter, on 27/3/2006 a formal office order was issued by the DP and AR department which reads :

(3.) Knowing about this decision of the Government accepting a wrong date of birth, the petitioner submitted a representation on 28/4/2006 that his date of birth was corrected on the basis of the HSL Certificate which should be recorded as the only genuine document with respect to date of birth and that the office order accepting his wrong date of birth has been done without affording any opportunity to defend him. His representation was forwarded by the Additional Director of Health Services to the Secretary, Government of Mizoram, DP & AR (SSW) stating that his date of birth as per his matriculation certificate is 1/5/1953 and, therefore, the point raised by him being genuine his representation may be considered. Thereafter on 17/5/2006 the DP and AR requested the SA department to furnish the Register maintaining name of the Government servant and the date of birth in respect of the petitioner. In response thereto the SA department again informed the DP and AR by communication dated 23/6/206 that in the record maintained by SAD the date of birth of the petitioner is 1/5/1953. After all these correspondence, on 25/8/2006 the Under Secretary, DP and AR has informed the Director of Health Services, where the petitioner is serving, about its inability to alter date of birth recorded in the service book of the petitioner. Aggrieved, the petitioner has approached this Court for appropriate remedy.