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.

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 was not taken into consideration and he stands retired on the basis of his incorrect Date of Birth. It is in this backdrop that the petition has been filed.

3. The stand of the State, on the other hand, is that the petitioner initially joined as a Beldar, in the year 2003 and his services were regularized w.e.f. 31.03.2012. The petitioner accepted his regularisation without any protest and produced the requisite documents in original alongwith Birth Certificate, which was issued by Panchayat Sahayak, Gram Gehal, Block Sangrah, District Sirmaur, H.P. in terms whereof, his Date of Birth was 01.07.1963. It is further the stand of the respondents that in light of the said Date of Birth of the petitioner, he was correctly retired on attaining the age of superannuation on 30.06.2021. It is further the stand of the respondents that the petitioner armed with a School Leaving Certificate, issued by Government Primary School, Gehal, dated 08.06.2021 and a Date of Certificate issued by Secretary, Gram Panchayat, Gehal, Development Block, Sangrah, District Sirmaur, H.P. has filed this petition, claiming retirement on the strength of the Date of Birth mentioned therein just to procure undue benefit.

4. Learned Counsel for the petitioner argued that the Date of Birth which was earlier entered in the service record of the petitioner was erroneously entered and when he realized this mistake, he obtained a School Leaving Certificate on 08.06.2021, in which his correct Date of Birth was mentioned, i.e. 12.11.1965, but despite his request to enter the same in the service record, the respondents did not do the needful and thus, his superannuation on the strength of the earlier Date of Birth entered in his service record, is bad in law. Learned Counsel, accordingly, prayed that the retirement order of the petitioner be set aside and respondents be directed to allow him to continue in service on the strength of School Leaving Certificate dated 08.06.2021.

5. On the other hand, learned Additional Advocate General submitted that the Date of Birth in the service record of the petitioner is the one which he himself got recorded. He further argued that if there was any discrepancy therein, he should have had got the same corrected within two years as from the date of joining of service and if not as from the date of initial joining on dai