P.R.BORA, J.

1. Rule. Rule made returnable forthwith and heard finally with consent of the learned Counsel for the parties.

2. The present petition illustrates the harassment suffered by a gazetted officer because of the indifferent and callous attitude and approach of the Government officials, in getting corrected his date of birth, which was wrongly recorded in his service book, without any fault on his part,

3. The petitioner was selected through MPSC as a lecturer and joined his services in the year 1984. At the relevant time, the Service Books of the Gazetted officers used to be retained by the office of the Accountant General of Maharashtra. The said practice suffered change in the year 1989 and the Service books were then transferred to the parent department from 1991 onwards. It is the specific case of the present petitioner throughout that after the service books were transferred to the parent department, the petitioner came to know that his date of birth has been wrongly recorded in the service book as 1st March, 1957 instead of 16th January, 1958.

4. After being aware of the mistake so occurred, the petitioner promptly filed a representation on 4th February, 1993 with the department for recording his correct date of birth in the service book. However, nothing was done for years together and the date of birth of the petitioner remained as 1st March 1957.

5. As has been contended by the petitioner, since in all other record including the seniority lists prepared in the year 1984, and thereafter his date of birth was correctly recorded as 16th January, 1958 and as no such occasion arose which would have caused any adverse effect on the service career or future prospects of the petitioner because of wrong date of birth recorded in his service book, the petitioner did not that zealously pursued the representation submitted by him way back in the year 1993, seeking correction in his date of birth.

6. However, after waiting for a long period when nothing was communicated to him, the petitioner moved another application on 22nd September, 2009, requesting the respondents/authorities to record his correct date of birth in the service record. In the said

representation the petitioner referred to his earlier representation dated 4th February, 1993 and also annexed the copy of the said representation along with his fresh representation. The petitioner also annexed with his representation ample documentary evidence evincing that his correct date of birth is 16th January, 1958. The petitioner mentioned in his representation that in his school record; SSC Certificate; Pan Card; Driving licence; Insurance Policies purchased by him, everywhere his date of birth has been recorded as 16th January, 1958. The petitioner has also contended in the said representation that in the seniority list prepared in the year 1984, his date of birth has been correctly mentioned as 16th January, 1958. The petitioner also provided a probable reason for wrong recording of his date of birth in the service record. The petitioner brought to the notice of the respondents authorities that at the relevant time, he and one another officer viz. John Gaikwad were selected and given appointments on the same day. The petitioner also informed the respondents authorities that said John Gaikwad is born on 1st March, 1957 and while mentioning the date of birth in the service record of said Gaikwad and the present petitioner, the same date of birth has been recorded. It was pointed out by the petitioner that the said mistake had inadvertently occurred at the hands of the official, who has filled in the particulars in the service books of said John Gaikwad and the present petitioner.

7. In spite of providing all such information by the petitioner, his representation was rejected by the respondents authorities vide order dated 20.10.2011 on the ground that he did not make application within five years of his entering into the service. The petitioner was, therefore, con