Back
2002 Supreme(MP) 73
2002 (2) JLJ 131
Bhawani Singh C.J. and K.K. Lahoti, J.
Premlal Shrivas v. State of M.P. and others
Writ Petition No. 2561 of 2001; Decided on 17.1.2002.
K.K. Trivedi for petitioner;
Vivek Awasthy, Govt. Advocate for respondents.
Headnote:(1) Civil Service -- correction of date of birth and father‘s name in service record -- school leaving certificate supporting petitioner‘s claim with regard to date whereas entry in service record not supported by any document -- grandfather‘s name recorded instead of father‘s d`respondents directed to correct entries.
(2) Financial Code (M.P.) -- R. 84 – Evidence Act, 1872 -- S. 3 -incorrect entries in service record -- cannot be conclusive -- school leaving certificate is a sati.5factory piece of evidence which has to he accepted.
The petitioner is serving in the Police Department of the State Government. He preferred representation to the respondents seeking conection of his father‘s name and date of birth in the service record, which was rejected by the Assistant Director General of Police (Works), Police Head Quarters, Bhopal. The petitioner was appointed Constable in the Police Department in 1965. In the service record prepared at the time of enrolment in the service, his date of birth is 1.6.1942 and father‘s name is Gayadeen. This position continued till 1990, when he came to know about incorrections as to father‘s name and date of birth in the service record. Accordingly, he preferred representation, which was rejected. [Para 2
Held : The school leaving certificate (Annexure P-4) is a satisfactory piece of evidence, which supports the claim of the petitioner, therefore, it has to be accepted and when the entries incorporated in the service record are found to be incorrect, they cannot be conclusive as per rule 84 of the M.P. Financial Code. [Para 6
The respondents are directed to correct the service record of the petitioner incorporating his date of birth as 30.6.1945 in place of 1.6.1942 and also record his father‘s name as Ghaseetelal in place of Gayadeen. [Para 8
(3) Civil Service -- delay in filing representation for correction of entries in service record -- petitioner unaware for two decades -promptly filed representation on coming to know of errors -- relief cannot be denied on ground of delay. [Para 7
¼1½ flfoy lsok && lsok vfHkys[k esa tUe fnuakd rFkk firk ds uke dh ‘kqf) && fo|ky; NksM+us ds izek.ki= ls fnukad ds ckjs esa ;kph dk nkok lefFkZr tcfd lsok vfHkys[k dks izfof"V fdlh nLrkost ls lefFkZr ugha && firk ds uke ds LFkku ij ekrkeg dk uke vfHkfyf[kr && izR;FkhZx.k dks izfof"V;k¡ lgh djus dk funs‘k fd;k x;kA
¼2½ foÙk lafgrk ¼e-iz-½ && fu- 84 && lk{; vf/kfu;e] 1872 && /kkjk 3 && lsok vfHkys[k esa v‘kq) izfof"V;k¡ && fu‘pk;d ugha gks ldrh && fo|ky; NksM+us dk izek.ki= ,slk lek/kkudkjd lk{; gS ftls Lohdkj fd;k tkuk gksxkA
;kph jkT; ljdkj ds iqfyl foHkkx esa lsokjr gSA mlus lsok vfHkys[k esa vius firk ds uke rFkk vius tUe fnukad dh ‘kqf) dh bZIlk djrs gq, izR;FkhZx.k dks vH;kosnu izLrqr fd;k ftls lgk;d iqfyl egkfuns‘kd ¼deZ‘kkyk½] iqfyl eq[;ky;] Hkksiky }kjk ukeatwj dj fn;k x;kA ;kph 1965 esa iqfyl foHkkx esa dkULVscy fu;qDr gqvk FkkA lsok esa vH;kos‘ku ds le; rS;kj fd, x, lsok vfHkys[k esa mldk tUe fnukad 1-6-1942 gS rFkk firk dk uke x;knhu gSA ;g vofLFkfr 1990 rd cuh jgh] tc mls lsok vfHkys[k es firk ds uke rFkk tUe fnukad dh v‘kqf);ksa ds ckjs esa Kkr gqvkA rnuqlkj mlus vH;kosnu izLrqr fd;k tks ukeatwj gks x;kA ¿ iSjk 2À
vfHkfu/kkZfjr % fo|ky; NksM+us dk izek.ki= ¼mikca/k ih&4½ ,slk lek/kkudkjd lk{; gS ftlls ;kph ds nkos dk leFkZu gksrk gS] vr%] mls Lohdkj djuk gh gksxk rFkk] tc lsok vfHkys[k esa lekfo"V izfof"V;k¡] v‘kq) ikbZ tk,¡ rc og e-iz- foÙk lafgrk ds fu;e 84 ds vuqlkj fu‘pk;d ugha gks ldrhA ¿ iSjk 6À
izR;FkhZx.k dks funsf‘kr fd;k tkrk gS fd ;kph dk tUe fnukad 1-6-1942 ds LFkku ij 30-6-1945 dj rFkk mlds firk dk uke x;knhu ds LFkku ij ?klhVsyky vfHkfyf[kr dj ;kph dk lsok vfHkys[k ‘kq) fd;k tk,A ¿ iSjk 8À
¼3½ flfoy lsok && lsok vfHkys[k dh izfof"V;ksa dh ‘kqf) ds fy, vH;kosnu Qkby djus esa foyac && ;kph nks n‘kdksa rd vufHké && xyfr;ksa ds ckjs esa tkuus ij rqjar vH;kosnu Qkby fd;k && foyac ds vk/kkj ij vuqrks"k ls bUdkj ugha fd;k tk ldrkA ¿ iSjk 7À
Singh, C.J. -- 1. This writ petition is directed against the order of the M.P. Administrative Tribunal, Jabalpur, dated 18.4.2001, passed in O.A. No. 1253/1995.
2. The petitioner is serving in the police department of the State Government. He preferred representation to the respondents seeking correction of his father's name and date of birth in the service record, which was rejected by the Assistant Director General of Police (Works), Police Head Quarters, Bhopal. The petitioner was appointed constable in the police department in 1965. In the service record prepared at the time of enrolment in the service, his date of birth is 1.6.1942 and father's name is Gayadeen. This position continued till 1990, when he came to know about incorrections as to father's name and date of birth in the service record. Accordingly, he preferred representation, which was rejected. In support of this plea, he depends on fact that he did not sign the service record at the time of entry in service nor he knew the contents thereof otherwise he would have pointed out that the father's name was not Gayadeen nor was his date of birth 1.6.1942. The correct date of birth as per petitioner is reflected in the school leaving certificate (Annexure P/4) dated 6.6.1990, being 30.6.1945. The respondents submit that the service record was filled up on the instructions of maternal grandfather accompanying the petitioner at the time of enrolment. It is signed/thumbmarked by the petitioner, therefore, he cannot resile from what he had accepted at the time of enrolment in service. Another submission is that the petitioner has been shown to be 23 years old as on 27.9.1965, when he was subjected to medical test at the time of enrolment. With this background, the petitioner knew that his date of birth was 1.6.1942 and asking for correction after two decades was not justified. Reference to rule 84 of the M.P. Financial Code is made and it is submitted that date of birth written in the service record is treated conclusive and correction of clerical mistake is permissible, if required. These submissions are accepted by the Tribunal and case of the petitioner for correction of date of birth in the service record has been rejected, though entry with regard to his father's name is liable to be corrected by the Superintendent of Police concerned.
3. We have considered the whole matter carefully. Shri K.K. Trivedi, learned counsel appearing for the petitioner, contended that the action of the respondents in not making connection in the service record of the petitioner as to his father's name and his date of birth, is unreasonable and arbitrary. The petitioner filed representation seeking these corrections immediately after coming to know about the same. This happened when he was promoted to the rank of head constable. The petitioner supported the claim .on the basis of documentary evidence, which clearly points out that the correction sought was absolutely genuine and justified and the defence taken by the respondents has no merit.
4. Shri Vivek Awasthy, learned Government Advocate appearing for the State, submits that the record has been thumb-marked by the petitioner, when he entered in service. Seeking correction after two decades is thoroughly delayed and cannot be allowed, more so in the' light of rule 84 of the M.P. Financial Code. So far as correction as to the name of the petitioner's father is concerned, the Tribunal has left it to the Superintendent of Police, who is competent to make the correction. Consequently, the request for correction is not justified and claim is liable to be dismissed.
5. From perusal of the service record placed before us by the learned counsel for the State, we find that the name of the petitioner's father is mentioned Gayadeen. The entry against the date of birth of the petitioner has been attested by the Superintendent of Police, Jabalpur, on 7.9.1976, while he entered in service on 6.10.1965. This form has been filled up on 17
