SUMER CHAND MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant petition, the petitioner has prayed that by an appropriate writ, order or direction, the office order dated 5. 11. 1996 (Annexure 6) may be quashed and set aside and the respondents may be directed to reconsider the representation of the petitioner as per law and further, correct the date of birth of the petitioner in his service record from 3. 1. 1934 to 6. 6. 1936. The petitioner has also prayed that the respondents may be directed to treat the petitioner as retired in accordance with the correct age only and further more, the respondents may be directed to give all the due benefits flowing therefrom to the petitioner.

(2.) BRIEF facts, giving rise to the instant petition, are that by order dated 22. 8. 1952 (Annexure 1), the petitioner was appointed as Assistant Teacher in the Education Department. The petitioner passed the High School Examination in the year, 1952 and the Certificate of High School issued by the Central Board of Secondary Education, Ajmer, was delivered to the petitioner on 6. 7. 1953. It is further averred by the petitioner in the instant petition that vide order dated 22. 8. 1952, the petitioner was asked to submit two certificates regarding his goods moral character issued by the two Gazetted Officers and the petitioner submitted his Transfer Certificate/scholar's Register, containing all details. One certificate contains his date of birth as 6. 6. 1936 and in another certificate dated 29. 8. 1952, issued by the First Class Magistrate, his date of birth was shown as 3. 1. 1934. According to the petitioner, it was mentioned inadvertently by the First Class Magistrate and on this basis, his wrong date of birth was recorded in the service book.

(3.) THUS, being aggrieved by the order dated 5. 11. 1996 (Annexure 6) passed by the Agriculture Department, the petitioner has preferred the instant petition.