DHARAM SINGH Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that petitioner was engaged as Beldar on daily wage basis on 21.11.1983. His case was considered by the screening committee for conferring upon him work charge status in the year 1997. Petitioner submitted certificate issued by the Pradhan, Gram Panchayat, Bhatgarh certifying his date of birth, i.e. 12.10.1950. Petitioner was conferred work charge status with effect from 1.10.1997. It appears from the records that petitioner preferred Whether the reporters of the local papers may be allowed to see the Judgment? No. application for change of date of birth from 12.10.1950 to 7.10.1960 before the Executive Engineer, Electrical Division, H.P.S.E.B. alongwith affidavit sworn on 6.10.1996 and certificate issued by the Secretary, Gram Panchayat, Bhatgarh certifying his date of birth to be 12.10.1950. He was served with a notice on 29.10.1997 to explain the variance between two dates of birth, i.e. 12.10.1950 and 7.10.1960. The matter was also got inquired from the office of Sub Divisional Magistrate, Nahan and Tehsildar Sangrah. The Sub Divisional Magistrate has written a letter to the Tehsildar, Sangrah on 1.4.1998 to verify the exact date of birth of the petitioner. The Sub Divisional Magistrate informed the authority concerned after verification of the facts that the date of birth of the petitioner was 7.10.1960. Petitioner again made a representation for correction of date of birth. The concerned Superintending Engineer sent his case to Chief Engineer (OP South) on 29.1.2010. The same was rejected and the decision was conveyed to the petitioner on 22.2.2010.

(2.) Ms. Jyotsna Rewal Dua has strenuously argued that on the basis of the certificate issued by the Secretary, Gram Panchayat, Bhatgarh, Pariwar register, date of birth certificate and certificate Annexure P-6, case of the petitioner for altering the date of birth from 12.10.1950 to 7.10.1960 could not be rejected.

(3.) Mr. R.K. Sharma, learned Senior Additional Advocate General and Mr. Trilok Jamwal have strenuously argued that the date of birth is required to be changed strictly as per Himachal Pradesh Financial Rule 7.1.