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2004 Supreme(All) 1971
HIGH COURT OF ALLAHABAD
V.K.Shukla
LAL JI CHAUKIDAR
Versus
STATE OF U P
Decided On : 29 October 2004
C. M. W. P. No. 39529 of 2003
Nizam Khan, S.M.Iqbal Hasan,
The main legal point established in the judgment is that the date of birth entered in the service book cannot be corrected at a belated stage and should not be disturbed when it has remained in existence for a long time.
Headnote:
Date of Birth - Correction of Date of Birth - 13-9-1953 - 13-9-1943 - U. P. Power Corporation Ltd. v. Mohd. Yunus Khan, 2004 (2) LBESR 375 (All) : 2004 (3) ESC - The court dismissed the petition for correction of date of birth based on the principle that the date of birth entered in the service book cannot be corrected at a belated stage and should not be disturbed when it has remained in existence for a long time.
Fact of the Case:
The petitioner, a Chowkidar, filed a writ petition seeking correction of his date of birth from 13-9-1943 to 13-9-1953 before his retirement from service. The respondent contended that the petitioner had full knowledge of his recorded date of birth and had acquiesced to it over the years.
Finding of the Court:
The court found that the petitioner's claim for correction of date of birth at the fag end of his career was not maintainable based on the principle established in U. P. Power Corporation Ltd. v. Mohd. Yunus Khan. The court dismissed the petition for correction of date of birth.
Issues: The main issue was whether the petitioner's claim for correction of date of birth was maintainable at the fag end of his career.
Ratio Decidendi: The court applied the principle that the date of birth entered in the service book cannot be corrected at a belated stage and should not be disturbed when it has remained in existence for a long time.
Final Decision: The court dismissed the petition for correction of date of birth, stating that the claim of the petitioner lacked merit.
Present writ petition has been filed by petitioner mentioning in para No. 1 of the writ petition that this is the first writ petition for correction of date of birth as 13-9-1953 in place to 13-9-1943. In this regard prayer, which has been made in the writ petition is to direct the respondents to decide the representation of petitioner before retiring him from service. Further prayer, which has been made, is to the effect to call for medical report in respect to the age of petitioner.
2. Brief facts as has been mentioned by petitioner is that petitioner has been discharging his duty as Chowkidar in the institution since more than 25 years. Petitioner has acquired knowledge that his date of birth has been wrongly written in the service record as 13-9-1943, whereas same should be 13-9- 1953. Petitioner had mentioned that thereafter, he found that different date of birth have been written in different record. Petitioner has contended that he is illiterate person and his date of birth has been incorrectly incorporated and as such request has been made for correction of the same. It has also been contended that in electoral list of 1989, his date of birth has been shown to be 38 years whereas in the electoral list of the year 1995, his date of birth is shown as 58 years and as per Ration Card of the year 1994 it is 49 years. Petitioner contends that in order to settle the question of age as same has been incorrectly recorded, representation has been moved on 24-2-2003 before the Principal Kidwai Memorial Girls Inter College, Allahabad. Said representation has been followed by reminder and as nothing was being done, then at this juncture present writ petition has been filed.
3. To this writ petition counter-affidavit has been filed on behalf of the State and therein it has been contended that petitioner was appointed as Class IV employee on 1-2-1975 and as per date of birth disclosed by him at the point of time of entering into employment, same was recorded as 13-9-1943. It has also been contended that in the context of said date of birth,various endorsement has been made in his service book in respect of increment etc. and petitioner has appended his signature in lieu of the same and as such petitioner is in full knowledge of the fact in respect to his date of birth being recorded as 13-9-1943. It has also been asserted that at the fag end of attaining the age of superannuation, all these pleas are being set up and as such by no stretch of imagination, date of birth of petitioner can be permitted to be changed. It has also been asserted that other documents, which have been filed in respect to date of birth are of no consequences inasmuch, date of birth recorded in the service book is in the full knowledge of petitioner. Counter-affidavit had been filed on behalf of the Principal of the institution and therein it has been asserted that right from the date of appointment on 1-2-1975,
petitioner has full knowledge in respect to his date of birth and further continuously from time to time whenever occasion has arisen in respect to grant of increment in the pay-scale, revision of the pay-scale, exercise of obtaining of GPF, petitioner has appended his signature in the service book. Thus petitioner had acquiesced to the fact that petitioners date of birth is 13-9-1943. It has also been asserted that at the fag end of his service this controversy has been sought to be raised. In this background, it has been contended that no relief can be granted to petitioner.
4. Rejoinder-affidavit has been filed and therein it has been contended that petitioner is being harassed and victimized and much emphasis has been placed on the fact that signature of Principal is not available on the service book when petitioner was appointed. It has also been contended that after retirement of Mrs. Jamila Faroouqi, Ms. Ejaj has become Principal and after retirement of Mrs. Ejaj, Mrs. Tauquir Jhan has become principal and she has signed the serv
