LAWS(HPH)-2017-11-8

HARBANS LAL Vs. PUNJAB NATIONAL BANK

Decided On November 22, 2017
HARBANS LAL Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) Being aggrieved and dis-satisfied with the rejection of his representation i.e. Annexure P-5, whereby he had requested respondent No.4 i.e. Chief Manager, Punjab National Bank, Damtal, District Kangra, H.P. to correct his date of birth in his service record, the petitioner has approached this Court by way of instant petition, seeking therein direction to the respondents to correct his date of birth in his office/service profile as well as records as 12.09.1958 instead of 12.09.1957. Petitioner has further prayed for direction to the respondents to superannuate him as per his corrected date of birth i.e. 12.09.1958 and thereafter to pay him consequential benefits accordingly.

(2.) For having bird's eye view, necessary as well as undisputed facts sans unnecessary details are that the petitioner was appointed as peon-cum-chowkidar on 06.09.1979 in the respondent-Bank and at the time of joining, he mentioned his date of birth as 12.09.1957, as is evident from application Annexure R-1. Petitioner while joining service also submitted his educational qualification certificate, wherein his date of birth is also recorded as 12.09.1957, as is evident from marks sheet issued by Himachal Pradesh State Education Board (for short 'HPSEB') on 07.07.1981 i.e. Annexure R-2. Petitioner has also placed on record certificate issued by 'HPSEB', which also reveals that his date of birth is recorded as 12.09.1957.

(3.) As per petitioner, he moved an application on prescribed format i.e. Form G-625, as prescribed by 'HPSEB', praying therein to carry out necessary correction in his matriculation certificate by correcting his date of birth, which, as per him, is inadvertently recorded as 12.09.1957 instead of 12.09.1958. In support of aforesaid plea, though petitioner has placed on record application submitted by him to the 'HPSEB' (Annexure P-2), but there is no mention of date, from where it can be inferred that on which date such prayer was made by petitioner for correction of his date of birth. Petitioner has also not chosen to implead 'HPSEB' as a party-respondent, who could substantiate factum with regard to correction allegedly made by Board of School Education, pursuant to the request of petitioner vide Annexure P-2. Petitioner has further averred in the petition that 'HPSEB', while allowing aforesaid correction, took into consideration documents available in their record, such as, Form G-13, Entries in the Admission and Withdrawal Register of the petitioner's school (Annexure P-3). Petitioner has also placed on record certificate obtained by him from Principal, Government Senior Secondary School, Ghoran, Tehsil Nurpur, District Kangra, certifying the date of birth of the petitioner to be 12.9.1958 (Annexure P-4).