PREM DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this Writ Petition, the petitioner has prayed for the following relief:-

(2.) Brief facts necessary for the adjudication of the present petition are as under:-

(3.) According to the petitioner, he joined as a Clerk in the office of respondent No.2 on 28/1/2008. At the time of his joining, the respondent-Department had entered his date of birth in the service record as 14/8/1967, in terms of his date of birth reflected in his matriculation certificate. However, said date of birth of the petitioner as was entered in the service record as also in the matriculation certificate, was incorrect as his actual date of birth was 14/8/1969. Accordingly, the petitioner made a representation to the respondents for the correction of his date of birth. According to the petitioner, he approached the authorities concerned including the Department within the time stipulated in Rule 7(1) of HPFR for the said purpose. The grievance of the petitioner is that the date of birth of the petitioner has not been corrected in his service record as respondents No.1 and 2 have taken a stand that needful cannot be done till the date of birth as entered in the matriculation certificate of the petitioner is corrected by respondent No.3 and respondent No.3 is insisting that needful cannot be done by it until and unless there is a direction issued in this regard by some Competent Court of Law.