IMPORTANT POINT
Continuous requests for correction of clerical errors in service records are valid and should not be dismissed based on timing alone.

JUDGMENT :

PANKAJ PUROHIT, J.

1. This appeal emanates from the judgment and order of learned Single Judge passed in WPSS No. 1092 of 2020 (Buddhi Ballabh Bhatt vs. State of Uttarakhand & others) dated 30.09.2022 by which the writ petition filed by the appellant seeking correction of his date of birth in service records has been dismissed.

2. The facts which are necessary to dispose of the appeal are recapitulated as under:

Appellant was appointed as Line Coolie in the Department of Electricity Distribution Division Tehri Garhwal on 18.06.1984. In the year 1991, the appellant came to know that his date of birth is not correctly mentioned in the service book as per his educational certificates submitted by him at the time of his joining in service. He made a representation before the Sub-Divisional Officer Electricity, Tehri Garhwal dated 10.01.1991 to correct his date of birth in the service record, but of no result.

3. It is the case of the appellant that when he joined service in the year 1984, prior to that, appellant had appeared in high school examination in the year 1981, but he failed and a mark-sheet of his being ‘fail’ was issued by the Board on 04.08.1981. According to the appellant, at the time of his joining, he submitted his ‘fail’ mark-sheet dated 04.08.1981, his transfer certificate in which his date of birth was correctly mentioned as 02.05.1966. But due to clerical error of the respondent authorities, in the service book his date of birth was wrongly transcribed as 02.05.1964. The appellant-writ petitioner subsequently, passed his high school examination in the year 1990 and thereafter, intermediate in the year 1993.

4. It is also the case of the appellant that since 1991 he regularly kept on writing to the respondent no. 5, under which he was working, to correct his date of birth, but no heed was given by the respondent on the same. The record of the writ petition is repleted with such applications moved and received by the respondent on 10.09.1991, 11.03.1992, 12.07.1994 and 29.12.2017. From the record, it is reflected that some time, in between the years 2000-2002, the Divisional Engineer wrote letters to the Executive Engineer, Electricity Distribution Division U.P. Power Corporation Limited to send for the original copies of mark-sheet and other documents attached to the service book of the appellant so that the date of birth of the appellant could be verified, as in the service book, appellant’s date of birth is mentioned as 02.05.1964 while in the high school certificate, the copy of which is attached in the service book, his date of birth is written as 02.05.1966. But, when this exercise did not get favorable respite to the appellant, he was constrained to file WPSS No. 2688 of 2019 (Buddhi Ballabh Bhatt vs. State of Uttarakhand & others) which was disposed by a learned Single Judge of this Court on 10.12.2019 directing the competent authority to take decision on appellant’s representation.

5. After the order dated 10.12.2019, passed by learned Single Judge in the earlier round of writ petition, the appellant submitted a representation for correction of his date of birth in service book which was rejected by the competent authority vide order dated 25.02.2020. The appellant left with no option, moved to this Court by filing WPSS No. 1092 of 2020 challenging the order dated 25.02.2020, so far as it relates to the appellant and further a direction in the nature of mandamus commanding the respondent authorities to correct his date of birth as 02.05.1966 instead of 02.05.1964 in his service book.

6. This writ petition was contested by the respondent by filing a counter affidavit defending rejection of representation mainly on the ground that the application for correction of date of birth could not be entertained by the employer at the fag end of the service. 6. The rejoinder affidavit was filed by the appellant-writ petitioner before the writ Court wherein it was stated that the application for correcting his date