RAVI CHANDRA DHAKAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Petitioner has approached this Court seeking following reliefs:-

(2.) Facts, in brief, are that the petitioner was appointed as a Primary Teacher under the Human Resource Development Department, Government of Sikkim vide Office Order No. 826/Est/Edn. dated 22.04.1981 and was posted at Khanigaon Primary School, East Sikkim. In the service book prepared at the time of entering into the service, his date of birth was recorded as 07.09.1956. It is the case of the petitioner that the same was incorrectly recorded though he had supplied the correct date of birth, i.e. 20.09.1961 along with the supporting documents. When the petitioner came to know about the incorrect date of birth recorded in the service book, the petitioner made representation to the respondent no.2 with the plea that at the time of joining the service, his date of birth was incorrectly recorded in the service book by the concerned department. He requested for correction of date of birth recorded in his service record. The petitioner also submitted matriculation certificate bearing his correct date of birth. The first representation made by the petitioner for correction of date of birth was in the month of February, 2004. Thereafter, several representations were made by the petitioner but his date of birth was not corrected. Only reply given by the concerned department was that in his service book, his date of birth was recorded as 07.09.1956. Petitioner also served legal notice on the respondent-department but when nothing was done, the present writ petition is filed.

(3.) Contention of the learned counsel for the petitioner is that the respondent-department is duty bound to correct the date of birth as the petitioner had supplied the matriculation certificate issued by the Central Board of Secondary Education (for short CBSE) in time. He submitted that matriculation certificate issued by the Board cannot be questioned and that is the best document which can be relied for correction of date of birth of the petitioner.