JIWAN DASS Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) The Petitioner joined service in the Excise and Taxation Department in Gurgaon District on September 17, 1947. The date of birth of the Petitioner, on the basis of affidavit given by him. was recorded as June 6. 1925 in the office record. The Petitioner who at present is Process Server in the office of the Deputy Excise and Taxation Commissioner, Faridabad (East), has filed present writ petition for quashing the order, dated May 31, 1985 of the Excise and Taxation Commissioner, Haryana, rejecting application of the Petitioner for amendment, of his date of birth in his service record. The Petitioner claims that his date of birth, as per school leaving certificate from the Headmaster of G.L.M.S. Kotla Lodhian.

(2.) This writ petition was admitted to a D.B. for reconsideration of this Court's view taken in Sohan Singh Bawa, District Education Officer v/s. State of Haryana and Anr., 1967 S.L.R. 934.

(3.) The stand of the State counsel is that the Petitioner had joined government service on 19th September, 1947 as a peon and he submitted his own affidavit dated 25th January, 1955 duly attested by Magistrate I Class, Gurgaon stating his date of birth as June 7, 1925. The Petitioner failed to get his date of birth corrected even at a later stage in terms of Note 4 below Rule 2.5, Chapter II Punjab Civil Services, Volume I, Part I (Haryana Third Amendment) Rules, 1973. The Petitioner, therefore, cannot be allowed to agitate for correction of date of birth after 38 years at this belated stage.