LAWS(HPH)-2007-6-70

DUMNU RAM Vs. H.P.M.C.

Decided On June 27, 2007
DUMNU RAM Appellant
V/S
H.P.M.C. Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the order of the learned H.P. State Administrative Tribunal in OA No.1480 of 1992, whereby the prayer made by the petitioner for correction of his date of birth has been rejected.

(2.) THE brief facts necessary for the disposal of the case are that the petitioner joined the respondent-Corporation as a Driver on daily wages in the year 1975. At that time, he had filed an affidavit in support of his age in which he had given his age to be 26 years which would mean that he was born in 1949. His date of birth, as recorded in the service record, is 2.6.1949. According to the petitioner, he made a representation on 17.1.1977 for correction of his date of birth and when that did not find favour, he made another representation in the year 1991. As far as the representation dated 17.1.1977 is concerned, the learned Tribunal came to the conclusion that in fact no such representation appears to have been made. We have perused the representation dated 17.1.1977 alleged to have been made by the petitioner.

(3.) A perusal of this representation clearly shows that even in the year 1977, the petitioner had not given any date of birth. He had only stated that his date of birth may be entered by taking into account the affidavit, medical fitness and panchayat certificate produced by him. At that stage, the petitioner did not make any representation to the respondent that he was also known as Gokal Chand. He also did not give the date of birth which he wanted to be changed and the new date of birth which he wanted to be recorded. 16 years after joining the service in the year 1991, the petitioner made a representation in which for the first time he stated that he was also known as Gokal Chand and alongwith the representation, he produced a panchayat certificate issued by the Secretary Gram Panchayat in which it is mentioned that the date of birth of Dumnu alias Gokal Ram is 15.7.1953. As far as the school leaving certificate is concerned, it only bears the name of Gokal Ram and there is no mention of Dumnu Ram. As far as the panchayat certificate is concerned, a perusal of the same shows that in fact the registration of the entry was made on 24.1.1992 itself on which date the certificate was issued. This casts a doubt on the authenticity of the certificate.