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2005 Supreme(Guj) 761

B.J.SHETHNA, M.C.PATEL
ANANTRAI GORDHANDAS JETHWA ASSTT. OPERATOR GRADE-1 – Appellant
Versus
GUJARAT ELECTRICITY BOARD – Respondent


Advocates Appeared: T.R.MISHRA

B. J. SHETHNA, J.

( 1 ) THE appellant ? petitioner has challenged, in this appeal, the judgment and order dated 10th October, 2005 passed by Miss R. M. Doshit, J. dismissing his Special Civil Application No. 3573 of 2005 on two grounds that (1) when he applied for correcting his birth-date in his service record, he had already crossed the age of 50 years, and, therefore, his application could not be considered by the respondent- Board and (2) when he applied for appointment as per his other birth-date, he was minor i. e. below 18 years.

( 2 ) LEARNED counsel Shri Mishra for the appellant vehemently submitted that the learned Single Judge was wrong in dismissing his writ petition on the ground that in 1999, the petitioner had already crossed the age of 50 years, therefore, his application for correction of birth-date in the service record could not be accepted. He submitted that as per the original service record of the appellant, his birth-date was recorded as 20th May, 1945 in the service record and for the first time, he submitted his application on 6th March, 1992 for correcting his age. At that time, he was 47 plus. If this was the only ground for rejection of the writ petition






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