SAMARATH LAL JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions raise common questions with regard to the constitutional validity of Rule 8(2)(a) of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Rules') and, therefore, they are being disposed of by this common order.

(2.) THE petitioners in all these writ petitions are employees of the Government of Rajasthan and have joined the service prior to 1st January,1979 The petitioners applied for correction of their date of birth entry in their service record. In SBCW No. 634 of 1982 the aforesaid request of the petitioner was rejected by the order of the Superintendent of Police dated 11th August, 1981, Feeling aggrieved by the aforesaid order, the said petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur (hereinafter referred to as 'the Tribunal'), but the said appeal of the petitioner was dismissed by the Tribunal on the ground that in view of the amended Rule 8 of the Rules, no correction can be made in the service book as it stood on 24th January, 1979. In other writ petitions, the representations of the petitioners for correction of the date of birth as entered in the service book were rejected by the authorities on the ground that in view of the amended Rule 8 of the Rules, such an alteration cannot be made after 24th January, 1979. The petitioners in these writ petitions have challenged the constitutional validity of Rule 8(2)(a) which was inserted in the Rules by notification dated 24th January, 1979.

(3.) AS a result of Clause (a) of Sub -rule (2) of Rule 8 in respect of persons who are already in service of the Government on 1st January, 1979, the entry of the date of birth in the service roll is to be accepted and the said entry of date of birth cannot be changed subsequently on the basis of High/Secondary/ Higher Secondary School certificate or in the first certificate issued by any Board of Education etc. irrespective of whether it is advantageous to him or not. As regards the persons who joined government service on or after 1st January, 1979, provision is made in Clause (b) of Sub -rule (2) of Rule 8 for determination of their date of birth on the basis of the documents mentioned in sub -clauses (i), (ii) and (iii).