J R SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short question which arises for determination in this petition is whether this Court in exercise of jurisdiction under Article 226 of the Constitution cold direct any change in date of birth in the service book of the petitioner in accordance with the amendment notified vide notification dated 21.6.1994 (Annexure P-1) which has permitted a period of two years for making application for the purpose of effecting change in the date of birth ?

(2.) Brief facts of the case are that the petitioner joined service in the Department of Excise and Taxation as a Clerk in 1973. He was thereafter directly recruited as Assistant in 1980 while serving as Clerk. He was promoted as Superintendent in 1988 and thereafter as an Excise and Taxation Officer in the year 1990. He is continuing on the afore-mentioned post. At the time of joining service in 1973 and 1980 his date of birth recorded in the service book is 20.8.1947. It is claimed that on the basis of given date of birth in the Bikrami Era the school authorities erroneously converted his date of birth to Christian Era. Under the Indian Calendar his date of birth as given was 5th Bhadon 2005 BK when converted to Christian Era it comes to as 20.8.1947. It is asserted that infact the conversion to the Christian Era comes to as 20.8.1948 and on account of this error his date of birth recorded every where is 20.8.1947 which deserves to be corrected.

(3.) It is asserted that the respondent-State has issued notification dated 21.6.1994 (Annexure P-1) incorporating the amendment in the Punjab Civil Services Rules, Volume 1, Part I substituting Note 3 (Annexure 'A') below Rule 2.5. According to the unamended note and Instructions at Annexure 'A' every person newly appointed to a service or post under Government was required to produce birth certificate or in the alternative matriculation certificate or an affidavit in proof of correctness of the date of birth. As such the date of birth was required to be recorded in the service record or any other record that was required to be maintained in respect of Government employee by the Government. The most important stipulation was that once a date of birth is recorded in the afore-mentioned manner then it could not be altered except in case of clerical error and that too with the prior approval of the Government. Note 3 stipulates that date of birth given by an employee in his application form submitted to a recruiting agency like Punjab Public Service Commission or the Punjab Subordinate Services Selection Board or the Departmental Selection Committee was to be treated as final and no change was permitted after entry into Government service. However, the amendment permitted a period of two years for an employee who was in service on 21.6.1994 to apply for change of date of birth on the basis of conclusive documentary evidence such as matriculation certificate or Municipal Birth Certificate etc. No request after the expiry of period of two years was to be entertained.