GOPAL LAL VYAS Vs. STATE

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ petition has been filed by the petitioner Gopal Lal Vyas with the prayer that the order dated 27.11.1996 by which the respondents have declined to record 13.4.1940 as his date of birth in his service book be quashed and set aside and the petitioner be allowed to continue in service treating that to be his date of birth with all consequential benefits.

(3.) SHRI Ganesh Meena, learned Government Counsel opposed the writ petition and submitted that petitioner when entered in the service of the respondents declared 14.4.1940 as his date of birth and the declaration form was given for the purpose of State Insurance Policy and considering that date as his date of birth, the State Insurance Department made the repayment on his superannuation. The department issued seniority list long back containing 14.4.1939 as his date of birth. If the petitioner wanted to question the correctness of such date of birth, he should have immediately taken steps. Learned Counsel submitted that mere reference laid by Rajasthan Service Rules could not invalidate the action of the respondents particularly when the mark sheet of secondary school education produced by the petitioner is of the year 1976. The respondents immediately emanded documents from the petitioner so that the date of birth dated 14.4.1939 can be declared as his date of birth in the declaration form. This however did not allow him to change his date of birth even for the purpose of so called transfer certificate. Learned Counsel for the respondents relied on the judgement of this Court in Union of India v. Harnam Singh, 1993(2) SLR 42 SC and this Court in Sumer Chand Mathur v. State and Anr., 2006(1) WLC (Raj.) 253.