KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition filed under Art. 226/227 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of mandamus with the directions to respondent-authority to get the date of birth corrected, as per the authentic proof of his date of birth and to give him due benefit in service of the correct date of birth.

(2.) In particular the petitioner wants to correct his date of birth from 8/5/1963 to 7/12/1964 in his service book. The same is based on a certificate which has now been issued on 10/12/2020 (Annexure P-1) by the Registrar (Birth and Death). The date of registration of his date of birth is dtd. 23/12/1964. It is not disputed that the petitioner was appointed as a Maths Master on 2/12/2002 and his date of birth was recorded as 8/5/1963 and by virtue of the same he was due to retire on 31/5/2021, which would be as per prevalent service rules.

(3.) It is his case that due to illiteracy of his family members, the date of birth was wrongly recorded in his service record and mainly on account of entry as per the matriculation certificate, which continued throughout his service. It is his own case that nearing to his retirement, he tried to find out his correct date of birth and got the same from the Registrar (Birth and Death) {Annexure P-1}. Resultantly, legal notice was served on 10/3/2021 as pleaded in the writ petition, though allegedly dtd. 10/3/2020 as per Annexure P-2. It has also been mentioned that the same was sent through registered post on 12/3/2021. On account of the inaction on the same, he had approached this Court. Affidavits of the relatives as such have also been attached in support of his date of birth which would give him a year and half extra in service.