LAWS(GAU)-2019-4-81

SH. VANLALFAKZUALA Vs. STATE OF MIZORAM

Decided On April 08, 2019
Sh. Vanlalfakzuala Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mr. Aldrin Lallawmzuala, learned counsel for the petitioner as well as Ms. Mary L. Khiangte, learned Government Advocate.

(2.) The petitioner is aggrieved by the State Government accepting the petitioner's date of birth as 01.11.1957 and not 01.01.1961. The petitioner's case in brief is that the petitioner was appointed as a temporary Veterinary Field Assistant on 22.12.1980 in the Animal Husbandry and Vety Department. His service was subsequently regularized vide Order dated 14.03.1985 w.e.f., 01.11.1984. The petitioner was thereafter promoted to the post of Supervisor Veterinary Field Assistant on 23.03.1988. The petitioner's case is that at the time of entry into service in the AH and Vety Department, the petitioner's service book was opened, wherein his date of birth was recorded as 01.01.1961. On the petitioner being appointed as an Assistant in the Department of Personnel and Administrative Reforms (DP&AR) on 17.11.1988, the petitioner's service book was requisitioned by the DP&AR from the AH and Vety Department. However, instead of the petitioner's original service book being sent by the AH and Vety Department to the DP&AR, the certified copy of the petitioner's service book was sent on 30.05.1989, wherein the petitioner's date of birth was changed to 01.11.1957.

(3.) The petitioner's counsel submits that approximately 15 years later, the DP&AR issued an Office Memorandum dated 7.1.2014, wherein the applications for alteration/correction of date of birth of Government servants were to be submitted to the DP&AR, in the event of there being any alteration/correction/over writing of the date of birth in the service book. In pursuance of the OM dated 07.01.2014, the petitioner submitted a representation dated 05.03.2014 stating that as per the original service book earlier maintained by the AH and Vety Department, the petitioner's date of birth was recorded as 01.01.1961. However, when the certified copy of the of the petitioner's service book was sent from the AH and Vety Department to the DP&AR, the petitioner's date of birth in the certified service book was recorded as 01.11.1957. The petitioner in his application thus requested the respondents to make correction of the incorrect date of birth recorded in the petitioner's certified copy of his service book.