LAWS(HPH)-2019-12-29

STATE OF H.P. Vs. P. C. SHARMA

Decided On December 09, 2019
STATE OF H.P. Appellant
V/S
P. C. Sharma Respondents

JUDGEMENT

(1.) Justice Tarlok Singh Chauhan, Judge Aggrieved by the order passed by the learned Tribunal in TA No. 2022/2015, decided on 26.11.2015 whereby it allowed the petition filed by the petitioner (respondent herein) for correction of date of birth from 28.05.1957 to 28.05.1958, the respondents (petitioners herein) have filed the instant petition.

(2.) It is not in dispute that the respondent had earlier filed petition being CWP(T) No. 10716/2008 seeking therein the same relief and the same was disposed of vide order dated 05.05.2011.

(3.) The learned Single Judge while deciding the case took into consideration the fact that even though the petitioner's year of birth was 1958, however, this fact only came in the knowledge when his father was serving in the Army and died there. The petition was disposed of with the direction to the respondents (petitioners herein) to decide the request of the petitioner after making a fact finding inquiry wherein respondent was required to produce that entry in the record of Birth and Death in support of his claim.