CAPT. GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution for quashing the order dated 29.9.1995 whereby the Principal Secretary, Food and Supplies, Punjab stayed his earlier order dated 24.11.1994 regarding the change in the date of birth of the petitioner, Capt. Gurnam Singh.

(2.) The petitioner is posted as Joint Director (Admn.) in the Department of Food and Supplies, Government of Punjab. His date of birth was recorded as 4.4.1939. The petitioner moved an application dated 26.3.1993 seeking change in the date of birth. He filed, alongwith the application, the birth certificate issued by the Additional District Registrar (Births and Deaths), Hoshiarpur. On petitioner's application, his date of birth was changed from 4.4.1939 to 27.10.1939 under the order dated 24.11.1994 of the Principal Secretary to the Government of Punjab, Food and Supplies Department. However, the said order, permitting change in the date of birth, was "stayed for the time being" by the Principal Secretary, vide his order dated 29.9.1995.

(3.) The petitioner's challenge to the subsequent order dated 29.9.1995 is based on a Government notification dated 21.6.1994 and subsequent circular letters issued thereafter on the subject of change in the date of birth of the Government employees. The Government issued the notification dated 21.6.1994 amending the Punjab Civil Services Rules, Volume I, Part I, making certain changes in the provisions relating to the date of birth of the employees. It was laid down, by way of amendment of the Punjab Civil Services Rules, that every newly-appointed employee shall produce his birth certificate or Matriculation certificate or an affidavit in proof of his date of birth, which could not be altered subsequently except in case of a clerical error. It was also specified that the date of birth declared by an employee in his application sent to the recruiting agency shall be treated as final and no change shall be allowed. It was further provided that an employee, already in service, may apply for change in the date of birth within two years from the date of coming into force of the notification on the basis of confirmatory documentary evidence, such as Matriculation or Municipal birth certificate. The petitioner's case is that, following the amendment made in the Civil Services Rules by the Government notification dated 21.6.1994, he filed another application dated 27.6.1994 before the Principal Secretary to the Government of Punjab, Department of Food and Supplies, requesting for change in the date of birth in the light of the Government notification. Thereupon, order dated 24.11.1994, permitting the change in the date of birth, was issued.