ONKAR LAL Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioner who was working as Nayab Tehsildar in the Revenue Department of the State of Rajasthan, applied for the correction of his date of birth entered in the service record. According to the petitioner, the date of birth of the petitioner was 16th Feb, 1933 which has been entered in the record of the education department and has been shown in the certificate of the Middle Class the year 1950 issued by the Registrar, Shiksha Vibhagi Prikshya Rajasthan Sarkar of the Education Department of State of Rajasthan (Annexure -2) as well as from the Board of Secondary Education, Rajasthan, High School Examination, 1961. The representation of the petitioner was dismissed by the Board of Revenue vide order dated 14th October 1981 keeping in view Rule 8[2)(a) of the Rajasthan Service Rule. The present case is fully covered by the judgment of this Court in S.R.CW.No.1248/81 & 4 other writ petition (Samarath Lal Joshi v. State of Rajasthan and Ors.) reported in R.L.R. 1985 page 443. As the present case is squarely covered by the judgment of Samarath Lal Joshi's case, the writ petition is, therefore, disposed of in terms of Samarath Lal Joshi's case. The writ petition filed by the petitioner is allowed and orders Annexure -16 & 17 rejecting the representations of the petitioner are quashed and set aside and the respondents are directed to reconsider representation of the petitioner on merits with regard to the correction of the date of birth without taking into consideration the provisions contained in clause [a) of Sub -rule(2) of Rule 8 of the Rules.