CHUNI LAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment shall dispose of the civil writ petition filed by the petitioner under Articles 226 and 227 of the Constitution of India challenging the orders passed by the learned Central Administrative Tribunal on 18.11.1999.

(2.) BRIEFLY stated the facts of the case are that the petitioner is serving the respondent Department as Assistant Audit Officer. He joined the service of the respondent as Lower Division Clerk on 26.5.1971. He was promoted in the year 1975, then in 1980 and thereafter in 1985. He alleged that in the year 1991, he learnt from an old family friend that his date of birth was February 5, 1953 instead of February 5, 1951 and that his date of birth has been wrongly recorded in his Matriculation certificate. The petitioner applied to the respondents for correction of the entry alongwith copy of the school certificate etc. The respondent informed the petitioner that the date of birth cannot be changed in view of the Government of Indias decision dated 28.11.1980 as the said application has been made beyond five years from the date of entry of the petitioner into the government service. However, the petitioner was asked to take up the matter with the concerned University and get the date of birth rectified as recorded in Matriculation certificate. The petitioner pursued the matter with the Punjab University and his date of birth entry was corrected as February 5, 1953 in the Matriculation certificate.

(3.) A notice of the petition was issued to the respondents. We have heard the learned counsel for the parties and have gone through the record.