SURESH KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner seeks quashing of the orders dated 27/28.1.2010 and 9.3.2010 (Annexures P-21 & P-23 respectively) and also a writ of mandamus to direct the State of Punjab to make correction in his date of birth as per the recommendations made by the Deputy Commissioner, Patiala and consequently, allow him to continue in service as Executive Engineer.

(2.) Briefly noticed, the facts are that the petitioner joined the Irrigation Department, Government of Punjab as a temporary Engineer on 12.10.1982. In the service book, the petitioner was shown to have born on 27.6.1952 as per his date of birth entered in the matriculation certificate. On 21.6.1994, the State of Punjab, Department of Finance, issued a notification under the Punjab Civil Services Rules (Vol.I, Part-I) and invited applications from the Government employees for rectification of their dates of birth. The petitioner moved an application on 31.5.1995 (Annexure P-2) claiming that his actual date of birth was 20.6.1954 and not 27.6.1952, as erroneously mentioned in his matriculation certificate. The petitioners application was forwarded by the Chief Engineer, Canals, Irrigation Works and pursuant thereto, the State Government vide its memo dated 25.9.1995 (Annexure P-4), directed the Deputy Commissioner, Patiala, to conduct a fact finding enquiry and send his report to the State Government.

(3.) The Deputy Commissioner, Patiala, vide his memo dated 30.7.1997 (Annexure P-5), sent the following report :-