SHIV LAL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicants herein prays for| directions to the respondents to correct his date of birth in his service records from j 12.5.1946 to 14.5.1947 and grant him such relief as he is found entitled.

(2.) Case of the applicant, an employee in the Education department is that in May/June 1993 when he was posted as a teacher in Govt. Middle, School Chambi where he got his primary education, while sorting out the old records alongwith other staff members came across his own school record and found that this date of birth was 12.5.1947 and not 12.5.1946 as shown in the service records. He checked up with the concerned Gram Panchayat and found that his date of birth as per the Panchayat record was 12.5.1947. The applicant claims that the discrepancy in his date of birth appears to have crept in due to clerical error committed at the time of his admission in VI class in Govt. High School, Sundernagar where his date of birth was incorporated as 12.5.1946 instead of 12.5.1947. The applicant, therefore, made representation Annexure PF dated 17.7.1993 where upon he was asked by the BPEO to first get his date of birth corrected in his matriculation certificate. The applicant accordingly represented to the Registrar Punjab University vide Annexure PH dated 20.9.1993 which was not accepted by the University on the ground that it has decided not to entertain application for correction of date of birth after 31.1.1987. The applicant brought it to the notice of D.E.O. and as a consequence the applicant was asked to furnish school leaving certificate of Govt. Primary School, Chambi vide Annexure PK which he furnished. However, finally he was informed that his representation Annexure PF had been rejected Aggrieved by the rejection of Annexure PF the applicant has field this original application on the ground that rejection of his representation is arbitrary, discriminatory and again the principles of natural justice. To substantiate his claim, the applicant placed on record copy of the school leaving certificate Annexure PB copy of pariwar register Annexure PC, Matriculation certificate Annexure PE and the copies of Correspondence referred to herein above.

(3.) The respondent No.1 to 3 filed reply and contested the claim of the applicant on the grounds that the correction of date of birth was being sought by the applicant after more than 31 years of service and at the fag end of his service and that as per the rules such representation ought to have been made within two years of entry into service failing which date of birth declared at the time of entry into service will be deemed to be correct. Therefore, the request of the applicant who slept over the mater for more than 31 years could not be and cannot be allowed.