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2023 Supreme(HP) 8

JYOTSNA REWAL DUA
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bhuvnesh Sharma, Senior Advocate with Mr. Ramakant Sharma, Advocate.
For the Respondents:Mr. Pranay Pratap Singh, Mr. Vinod Chauhan, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J.

The petitioner, at the age of 56 years, filed this writ petition seeking direction to the respondents to correct his date of birth from 01.03.1962 to 25.03.1963. The relief has been prayed mainly on the basis of petitioner’s birth certificate (Annexure A-1). In this date of birth certificate issued on 22.05.2019 and registered on 08.04.1963, petitioner’s date of birth has been reflected as 25.03.1963.

2. It is not in dispute that in the matriculation certificate issued to the petitioner, his date of birth is reflected as 01.03.1962. It is also not in dispute that petitioner joined the service with the respondent on 26.03.1983 and at the time of joining the service, petitioner himself produced his matriculation certificate, reflecting his date of birth as 01.03.1962. It is not the case of the petitioner that he ever made any written representation/objection regarding alleged wrong entry of his date of birth in his service record. The present original application moved by the petitioner on 28.06.2019, at the age of 56 years, is the petitioner’s first ever written prayer for correction in his date of birth, in the service record.

3. Note 6 of Fundamental R

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