Rule 8(2)(a) of the Rajasthan Service Rules, 1951, prohibits changing the date of birth for individuals in service prior to 1.1.1979, based on the recorded date of birth in the service book/service roll.

1. - The petitioner was appointed as Male Nurse Gr. III on 27.10.1961. His date of birth in the Service Record was mentioned as 6.9.1936 on 25.8.1993, he made a representation for changing his date of birth as 26.12.1939, on the basis of horoscope but when no reply was received by the respondents, he filed the present writ petition on 26.9.1994, praying that a writ of mandamus be issued directing the respondents to change the date of birth 'of the petitioner from 6.9.1936 to 26.12.1939. It was further prayed that the respondents be restrained from retiring the petitioner prior to 31.12.1997. The submission of the counsel for the petitioner is that when the petitioner submitted his horoscope, before the respondents, it was the bounden duty of the respondents to have changed his date of birth from 6.9.1936 to 26.12.1939, in his service record. The action of the respondents, not changing the date of birth on the representation of the petitioner is illegal, arbitrary and unjustified because in similar circumstances, the respondents changed the date of birth of one Shri Harak Chand Mahatama vide order dated 12.1.1979, marked Annexure 13. In my view the argument advanced by the counsel for the petitioner is not tenable. The petitioner has not submitted the circumstances and the facts in which the date of birth of Shri Harak Chand has been changed. It is not in dispute that the petitioner was in service prior to 1.1.1979, and as such his date of birth cannot be changed.

2. Rule 8(2)(a) of the Rajasthan Service Rules, 1951, (for short the 'Rules') provides as under:-

"(2)(a)-In relation to a person already in the service of the Government on 1.1.1979, the date of birth as recorded in the Service Book/Service Roll shall be accepted by the State Government as date of birth of such person irrespective of the basis of authority on which it was entered. The date of birth so recorded and accepted shall not be changed subsequently on the basis of High/Secondary/Higher -Secondary School Certificate or in the first certificate issued by the Board of Education etc. irrespective of whether it is advantageous to him or not."

3. Under these circumstances the respondents were justified in not changing the date of birth of the petitioner. If the date of birth of Shri. Harak Chand Mahatama has been changed by the respondents contrary to rules, the petitioner cannot get that benefit on the basis of wrong order. It is for the respondents to see as to whether the date of birth of Shri Harak Chand Mahatama has been changed wrongly. If that is so, they are free to recall their order.

4. With these observations, the writ is dismissed.

5. A copy of this order be sent to the respondents.Petition Dismissed.

*******