LAWS(HPH)-2024-11-8

SATYA Vs. STATE OF H.P.

Decided On November 19, 2024
SATYA Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner seeks correction in her date of birth on the basis of a decree passed by the learned Civil Court in her favour, which has been implemented by the Himachal Pradesh Board of School Education by correcting petitioner's date of birth in her matriculation certificate.

(2.) The petitioner was appointed as Junior Engineer in the respondent-Jal Shakti Vibhag on 25/4/2000. At that time, she declared her date of birth as 6/1/1969, which was also her date of birth as recorded in her matriculation certificate issued by the H.P.Board of School Education Dharamshala. Petitioner instituted Civil Suit No.555/2015 on 25/2/2015 for declaration against the H.P Board of School Education/defendant to the effect that her date of birth was 24/10/1969 and not 6/1/1969 as recorded in her matriculation certificate issued by the Board. The defendant-Board did not contest the civil suit. It was proceeded against ex-parte. Vide judgment and decree dtd. 15/6/2015, petitioner's civil suit was decreed, her correct date of birth was declared as 24/10/1969. The decree was implemented by the defendant-Board and fresh matriculation certificate was issued to the petitioner on 29/9/2015. On that basis, the petitioner submitted representation to her employer on 5/7/2017 for correcting her date of birth in the service record from 6/1/1969 to 24/10/1969. The representation was rejected on 26/7/2017. Despite rejection of petitioner's representation, she again represented to the respondents on 20/9/2022 seeking rectification in her service record. Her representation was once again turned down on 11/4/2023/19/5/2023.

(3.) I have heard learned counsel for the petitioner and learned Deputy Advocate General for the respondents.