RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, at the age of 56 years, filed this writ petition seeking direction to the respondents to correct his date of birth from 1/3/1962 to 25/3/1963. The relief has been prayed mainly on the basis of petitioner's birth certificate (Annexure A-1). In this date of birth certificate issued on 22/5/2019 and registered on 8/4/1963, petitioner's date of birth has been reflected as 25/3/1963.

(2.) It is not in dispute that in the matriculation certificate issued to the petitioner, his date of birth is reflected as 1/3/1962. It is also not in dispute that petitioner joined the service with the respondent on 26/3/1983 and at the time of joining the service, petitioner himself produced his matriculation certificate, reflecting his date of birth as 1/3/1962. It is not the case of the petitioner that he ever made any written representation/objection regarding alleged wrong entry of his date of birth in his service record. The present original application moved by the petitioner on 28/6/2019, at the age of 56 years, is the petitioner's first ever written prayer for correction in his date of birth, in the service record.

(3.) Note 6 of Fundamental Rules 56 provides that date of retirement of a Government servant, be it 58 years or 60 years, as the case may be, has to be determined with reference to date of birth declared by the Government servant at the time of appointment and accepted by the appropriate authority on production, as far as possible, of confirmatory documentary evidence such as High School Certificate or extracts from the Birth Register. The Note further provides that the date of birth so declared by the Government servant and accepted by the appropriate authority, shall not be the subject to any alteration except as specified in this note, as under: -