CHANAN RAM AGGARWAL Vs. THE COMMISSIONER, AMBALA DIVISION

JUDGEMENT

(1.) By my order dated February 16, 1970, I had adjourned this case to today to enable the Respondents to produce the record from the office of the Commissioner, Ambala Division. Adjournment was granted on the condition that the Respondents would pay Rs. 50 on account of costs of that adjournment. The costs have been paid today.

(2.) The Petitioner passed his Matriculation examination from the University of the Punjab at Lahore in 1931 and his date of birth stated in the Matriculation certificate is January 1, 1912. The Petitioner joined service as Assistant Patwari on May 26, 1939 and in the service book in Urdu called Amalnama then prepared, his date of birth was mentioned as Asuj Shudhi 14, 1969 Bk., which corresponds to October 25, 1912. Thereafter a service book was prepared in English" in which his date of birth is recorded as January 1, 1912. The page, on which the date of birth is mentioned, is signed by the Petitioner. It is to be noted that in the Matriculation certificate the name is given as 'Chandan Ram Aggarwal son of Gaja Nand' while in the first Amalnama prepared in Urdu, when the Petitioner entered service as Assistant Patwari on May 26, 1939, his name is mentioned as 'Chandan Ram son of Gaja Nand Mahajan by caste. In the srevice book prepared in English his name is mentioned as 'Chandan Ram son of Gaja Nand'. The first entry in this book is dated September, 10, 1940. This service book was attested by the Tahsildar, Hissar, on June 10, 1944. His signatures appended on February 9, 1956, were re-attested by the Sub-Divisional Officer, Bhiwani on February 14, 1956. His date of birth was thus taken to be January 1, 1912, and he was due to retire on December 31, 1969, on attaining the age of superannuation. In December, 1966, the Petitioner made an application to the Deputy Commissioner, Hissar for the correction of his date of birth and in that application he stated that this date of birth was Asuj Shudhi 14, 1969 Bk. according to the Register of births maintained in the office of the Chief Medical, Officer, Hissar, which had been recorded on November 1, 1912. His horoscope had also been prepared by a priest which showed the same date of birth. The Deputy Commissioner forwarded his application to the Commissioner under para 2.10 of the District Office Manual for the correction of his date. This paragraph is based on paragraph 5 of the letter of the Punjab Government No. 20076 (H-Gaz.), dated July 4, 1928, and reads as under.

(3.) Para 3 of that letter of the Punjab Government is also relevant and reads as under: