JUDGMENT

G.S. Sandhawalia, J. - In the present writ petition filed under Article 226/227 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of mandamus with the directions to respondent-authority to get the date of birth corrected, as per the authentic proof of his date of birth and to give him due benefit in service of the correct date of birth.

2. In particular the petitioner wants to correct his date of birth from 08.05.1963 to 07.12.1964 in his service book. The same is based on a certificate which has now been issued on 10.12.2020 (Annexure P-1) by the Registrar (Birth & Death). The date of registration of his date of birth is dated 23.12.1964. It is not disputed that the petitioner was appointed as a Maths Master on 02.12.2002 and his date of birth was recorded as 08.05.1963 and by virtue of the same he was due to retire on 31.05.2021, which would be as per prevalent service rules.

3. It is his case that due to illiteracy of his family members, the date of birth was wrongly recorded in his service record and mainly on account of entry as per the matriculation certificate, which continued throughout his service. It is his own case that nearing to his retirement, he tried to find out his correct date of birth and got the same from the Registrar (Birth & Death) {Annexure P-1}. Resultantly, legal notice was served on 10.03.2021 as pleaded in the writ petition, though allegedly dated 10.03.2020 as per Annexure P-2. It has also been mentioned that the same was sent through registered post on 12.03.2021. On account of the inaction on the same, he had approached this Court. Affidavits of the relatives as such have also been attached in support of his date of birth which would give him a year and half extra in service.

4. The Coordinate Bench by summarising the dispute had passed the following order on 05.05.2021, while passing no interim orders:-

“The petitioner who is aged about 56 years has filed this writ petition praying for issuance of a writ of mandamus directing the respondents to correct his date of birth in the service record.

Counsel for the petitioner has submitted that the petitioner was appointed as a Math Master on 02.12.2002 in a Government School and his date of birth is recorded as 08.05.1963, therefore, the petitioner is due to retire on 31.05.2021. It is further submitted that in fact the correct date of birth of the petitioner is 07.12.1964. In support of the same, the petitioner relies upon his birth certificate and affidavits of some of his villagers that his correct date of birth pertains to the year 1964.

Counsel for the petitioner has further argued that the petitioner has given a legal notice on 10.03.2020 (Annexure P2), however, the same is not decided. Counsel for the petitioner has also submitted that the petitioner was not aware about his correct date of birth and now on coming to know the same, he has given the legal notice which is not decided till date.

It is very strange and surprising that the Registry has treated this case in the Urgent List during this restrictive hearing period when there is no specific prayer for stay. Even surprisingly, the petitioner is aged about 56 years and has joined the service way back in the year 2002 and never approached the competent Court of law for redressal of his grievance within reasonable time. Even the legal notice was issued in the month of March, 2020 and this petition has been filed after a period of 01 year, for the obvious reason that if the same is rejected, the petitioner may claim that limitation should start from the date of rejection.

It is well settled principle of law as held by the Hon'ble Supreme Court in “State of Punjab and others vs S.C. Chadha”, 2004(1) SCT 863 that a claim for correction of date of birth based on unreasonable delay is liable to be rejected. It is also held by the Hon'ble Supreme Court in “Seema Ghosh vs Tata Iron & Steel Company”, 2006 AIR (SC) 2936 that after taking the benefit of the date of bir