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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Anant Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
AJAY MOHAN GOEL, J.
1. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“(i) Issue a writ of certiorari or direction in the nature of writ of certiorari quashing, setting aside office order dated 08.06.2021 whereby the petitioner has been directed to be considered as retired on 30.06.2021.
(ii) Issue a writ of mandamus or direction in the nature of writ of Mandamus directing the respondents to permit the petitioner to continue working at, Sub Divisional Office, HPPWD, Haripurdhar, Sirmaur, H.P.”
2. The case of the petitioner is that he joined as a labourer in the Himachal Pradesh Public Works Department at Haripurdhar, District Sirmaur, H.P., on daily wage basis in the year 2003. His services were regularised in the month of July, 2012. At the time of joining, the petitioner submitted Panchayat record, in which, his Date of Birth was mentioned as 01.07.1963. He did not realise that this was not his correct Date of Birth, as his actual Date of Birth was 12.11.1965. It is further the contention of the petitioner that later on, when he approached the Authorities for the correction of his Date of Birth in the service record, the same wa
Date of birth declared at service entry is conclusive unless corrected within two years; belated claims with certificates obtained just before superannuation after nearly 20 years not permissible.
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
A government servant can seek correction of the date of birth in service records based on irrefutable proof despite any absence of explicit limitation, as long as the request is made without unreason....
Point of Law : The right of respondents of superannuating the petitioner on her attaining age of superannuation on basis of her date of birth certificate being 06.11.1957 is upheld.
The main legal point established in the judgment is that requests for correction of date of birth at the fag end of a career must be supported by irrefutable proof and evidence of real injustice, and....
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