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2010 Supreme(Raj) 1239

MOHAMMAD RAFIQ
Gopal Lal Vyas – Appellant
Versus
State – Respondent


Advocates:
For the Appellant:Reashm Bhargava, Advocate.
For the Respondent: Ganesh Meena, Government Counsel.

JUDGMENT

1. - Heard learned counsel for the parties.

2. This writ petition has been filed by the petitioner Gopal Lal Vyas with the prayer that the order dated 27.11.1996 by which the respondents have declined to record 13.4.1940 as his date of birth in his service book be quashed and set aside and the petitioner be allowed to continue in service treating that to be his date of birth with all consequential benefits.

3. Shri Reashm Bhargava, learned counsel for the petitioner submitted that declaration form submitted by the respondents with their reply even though may have contained the signatures of the petitioner, but it has not been filled by the petitioner by his hand and therefore the date of birth mentioned in the declaration form cannot be taken as basis for making entry in the service book. Now the respondents themselves demanded from the petitioner the relevant document so as to attest his date of birth in the service book. This is therefore not one of the case, where the effort is being made by the employer to get the date of birth corrected. Learned counsel in this respect referred to letter dated 8.5.1974, by which the petitioner was required by the respondents to prove th






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