DHANI RAM CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was inducted into the service of the Public Health Branch, Haryana, as a Sub Divisional Engineer, on 29.9.1970. At the time of his entry into service, his date of birth was depicted as 12.2.1947. According to the learned counsel for the petitioner, the aforesaid date of birth was recorded in the service book of the petitioner on the basis of the educational certificates possessed by him, wherein 12.2.1947 was recorded as the date of his birth.

(2.) It is the case of the petitioner, that during the process of obtaining certified copies of certain revenue record, the petitioner came to know that the date of his birth recorded in the birth certificate maintained under the Births, Deaths and Marriages Registration Act, 1886, was 6.11.1947. On realising the aforesaid date of birth as his genuine date of birth, the petitioner served a legal notice dated 10.3.2004, requiring the respondents to effect a change in the service book so as to substitute 6.11.1947 as his rightful date of birth (which was depicted in the birth certificate) as against 12.2.1947, which has been recorded therein on the basis of the educational certificates possessed by the petitioner.

(3.) So far as the present controversy is concerned, the claim of the petitioner for changing the entry of his date of birth in his service record, shall have to be governed by the conditions of service in connection therewith, namely, as expressed in Appendix 'A' of the Punjab Financial Rules, Volume-I, Chapter VII, referable to Rule 2.5 of the Punjab Civil Services Rules, Volume-I, Chapter II. The relevant rule to be taken into consideration while adjudicating upon the claim of the petitioner, is narrated hereunder:-