Point of Law: Passing a decree by the Civil Court against the Education Board, directing correction of date of birth in certificate issued by the School Board, does not entitle the person for correction of entries of date of birth in his service record maintained by the Department.

JUDGMENT :

Present petition has been preferred against denial of correction of date of birth of petitioner in his service record as 10.2.1996 instead of 24.1.1964, despite the correction thereof in Middle Standard Certificate by the Himachal Pradesh Board of School Education (herein after referred to as the School Board) in compliance of judgment and decree dated 23.5.2017 (Annexure -2) passed by competent Civil Court in Civil Suit No. 73/17/2016, titled as Bala Ram Vs. H.P. Board of School Education, Dharamshala, and inspite of issuing direction by respondent No. 2 Director of Health Services vide communication dated 17.11.2017 (Annexure P-5), to respondent No. 3 Medical Superintendent, Regional Hospital Kullu, District Kullu, H.P. to make necessary entries in service book of the petitioner as directed by the Court.

2. In pursuance to appointment as driver on contract basis in the Department of Health and Family Welfare, petitioner had joined as such on 21.3.2007 and as per policy of State government, for completion of requisite years on contract service, his services were regularized w.e.f. 11.8.2014. At the time of joining, on the basis of documents submitted by the petitioner, his date of birth was recorded as 24.1.1964.

3. On 23.5.2016, petitioner preferred a suit against School Board seeking declaration that his correct date of birth 24.2.1966 be recorded in his Middle Standard Examination Certificate, as recorded in the Birth Certificate issued by Births and Deaths Registrar, Gram Panchyat Nigulsari, Tehsil Aut, District Mandi, H.P. School Board did not contest the suit and ex parte decree of declaration as prayed by the petitioner was passed on 23.5.2017.

4. Petitioner, on 21.8.2017, had submitted an application to Medical Superintendent, Regional Hospital, Kullu for correction of his date of birth in his service book, stating therein that at the time of his initial appointment on 21.7.2007, he had submitted his Middle Standard Certificate and Birth Certificate issued by Panchayat and at that time his date of birth was recorded as 24.1.1964 on the basis of date of birth recorded in the Middle Standard Certificate. It was stated in the representation that his date of birth has been corrected as 10.2.1966 by the School Board in Middle Standard Examination Certificate and, therefore, request was made to accept his corrected Middle Standard Examination Certificate and to correct the date of birth in his service book. The action taken by the Medical Superintendent upon this representation has not been disclosed either by the petitioner or by respondents. However, a communication dated 17.11.2017 has been placed on record by petitioner as Annexure P-5, whereby Director Health Services had directed Medical Superintendent, Regional Hospital Kullu to make necessary entries in service book of petitioner, as directed by the Court, under intimation to the Directorate.

5. In response to communication dated 17.11.2017 (Annexure P-5), Medical Superintendent, Regional Hospital, Kullu had sent a communication dated 26.12.2017 to Director Health Services expressing his inability to alter the date of birth of the petitioner in the service book in absence of further clarification for the reason that in the decree passed by the Court, Department was not party and decree has been passed against the School Board and also for the reason that the application of the petitioner for correction of date of birth has been received after about 10 years from his initial entry in the service in the Department. In this communication, it was stated that as per Note No. 6 appended below FR-56, request for correction of date of birth is to be made within five years of entry into the Government service, whereas application for correction of date of birth was filed after a gap of more than 10 years.

6. For denial of correction of date of birth, petitioner filed present petition in August, 2020. As stated in the reply to the petition, claim of the petitioner for co