GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 30.10.2015 (Annexure P-10), whereby the S.S.P., Ferozepur has declined the prayer of the petitioner seeking correction of date of birth in the service book.

(2.) The petitioner joined service on the post of Constable on 31.3.1985. At the time of joining service, the date of birth of the petitioner was recorded as 4.5.1961 as per the matriculation certificate produced by him. It is pleaded that in the year 2015, the petitioner became aware that his actual date of birth was 14.3.1963 and accordingly he submitted an application dated 4.5.2015 to the S.S.P., Ferozepur for grant of N.O.C to get the date of birth corrected. On 15.5.2015 the N.O.C was issued at Annexure P-3. On the strength of such N.O.C an application was made to the Punjab School Education Board (herein after to be referred as the Board) and after due verification of the documents with the Chief Registrar, Births and Deaths, Health and Family Welfare Department, State of Punjab, a certificate was issued by the Board reflecting the corrected date of birth of the petitioner as 14.3.1963. Based on such corrected certificate issued by the Board, petitioner sought necessary correction even in the service book and which has been declined in terms of passing of the impugned order dated 30.10.2015 (Annexure P-10).

(3.) Learned counsel appearing for the petitioner has vehemently argued that the impugned order is untenable in law inasmuch as the petitioner has not derived any benefit on account of the wrong entry as regards his date of birth at the time of initial entry into service. Counsel would submit that even if the initial date of birth i.e. 4.5.1961 is taken into account, still the petitioner had been eligible for entry into service on 31.3.1985 on the post of Constable. Further contended that the respondent authorities have erroneously brushed aside the conclusive proof furnished by the petitioner as regards his correct date of birth to be 14.3.1963 and which was in the nature of a revised certificate issued by the Board as also the requisite document from the Registrar, Births and Deaths, Punjab. Reliance has also been placed upon a Division Bench judgement of this Court in Dimpy Sharma v. State of Punjab and others, 2006(3), S.C.T, 345 to contend that even if a remedy as per administrative law/rules becomes barred by limitation, still a legal remedy would always be available to an employee as regards seeking correction in his date of birth.