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2023 Supreme(Bom) 499

DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
State of Maharashtra – Appellant
Versus
Sudhir Bhagwat Kalekar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.V. Samant, Adv
For the Respondent: Ms. Vaishali Jagdale, adv

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final disposal.

2. Petitioner-State Government has filed this petition challenging judgment and order dated 21 April 2023 passed by the Maharashtra Administrative Tribunal (Tribunal) in Original Application (OA) No. 280/2023. The Tribunal has allowed the O.A. filed by the Respondent directing Petitioners to correct Respondent’s date of birth as 23 November 1965 in place of 23 May 1965 in service records and to accord necessary consequential service benefits to him.

3. Respondent came to be appointed on the post of Police Sub-Inspector through selection process conducted by Maharashtra Public Service Commission (MPSC) on 17 August 1992. At the time of his appointment, he relied upon School Leaving Certificate which reflected his date of birth as ‘23 May 1965’. Even in his Matriculation certificate, the date of birth is reflected as 23 May 1965. Accordingly, Respondent’s date of birth came to be registered in the service records as 23 May 1965. Later, he made an application dated 22 July 1994 for correction in his date of birth as 23 November 1965 by relying upon Birth C

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