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2018 Supreme(MP) 338
IN THE HIGH COURT OF MADHYA PRADESH
Sujoy Paul, J.
Prabhat Kumar Dwivedi v. Union of India and others
Writ Petition No. 19334 of 2013 (Jabalpur); Decided on 13.4.2018
Petitioner in person.
Headnote:(1) Civil Services -- correction of date of birth -- date of birth of petitioner wrongly recorded in service record by mentioning that his age is 24 years as on 22.11.1981 -- petitioner awoke from deep slumber after about 10 years and preferred representation in 1996 -- thereafter filed petition in 2013 -- delay is fatal. 1994 Suppl.(1) SCC 155 and (1993)2 SCC 162 followed. [Para 11
(2) Delay and laches -- whether or not limitation prescribed for preferring application seeking correction of date of birth in service record -- application must be preferred within reasonable time -- failing which, delay itself can be a ground to deny relief. 1994 Suppl.(1) SCC 155 followed. [Para 12
(3) Constitution of India -- Art. 226 -- employee raised objection about date of birth after unreasonable period -- then approached this Court with further unreasonable delay -- no case made out for exercising discretionary and equity jurisdiction. 1994 Suppl. (1) SCC 155 and (1993)2 SCC 162 followed. [Para 12
¼1½ flfoy lsok && tUe fnukad dh 'kqf) && lsok vfHkys[k esa ;kph dk tUe fnukad ;g mYys[k djrs gq, xyr vfHkfyf[kr fd 22-11-1981 dks mldh vk;q 24 o"kZ gS && ;kph yxHkx 10 o"kZ i'pkr~ xgjh funªk ls tkxk vkSj 1996 esa vH;kosnu fn;k && rRi'pkr~ 2013 esa ;kfpdk Qkby dh && foyac ?kkrd gSA 1994 lIyh- ¼1½ ,l lh lh 155 rFkk 1993¼2½ ,l lh lh 162 vuqlfjrA ¼iSjk 11
¼2½ foyac rFkk vfrfoyac && lsok vfHkys[k esa tUe fnukad dh 'kqf) dh bZIlk dk vkosnu djus ds fy, ifjlhek fofgr gks ;k ugha -- vkosnu ;qfä;qä le; ds Hkhrj fd;k tkuk vko';d && foQy jgus ij] foyac gh vuqrks"k ls bUdkj dk vk/kkj gks ldrk gSA 1994 lIyh-¼1½ ,l lh lh 155 vuqlfjrA ¼iSjk 12
¼3½ Hkkjr dk lafo/kku && vuq- 226 && deZpkjh us tUe fnukad ds ckjs esa vkifÙk v;qfä;qä vof/k ds i'pkr~ dh && fQj bl U;k;ky; esa vkSj Hkh v;qfä;qä foyac ls vk;k && oSosfdd rFkk lkE;k vf/kdkfjrk iz;qä djus gsrq ekeyk fl) ughaA 1994 lIyh- ¼1½ ,l lh lh 155 rFkk ¼1993½2 ,l lh lh 162 vuqlfjrA ¼iSjk 12
1. In this petition filed under Article 226 of the Constitution, the petitioner has prayed for issuing a writ of mandamus commanding the respondents to correct the date of birth of the petitioner in his service record according to certificate of Higher Secondary School Certificate Examination, 1978 (Annexure P-2) issued on 24.6.1978. It is prayed that his date of birth for all the purposes be treated as 1.1.1961 in place of 22.11.1957.
2. The petitioner was appointed as General Mazdoor on 13.1. 1982. In the service record, the date of birth of the petitioner was wrongly recorded by mentioning that age of petitioner is 24 years as on 22.11.1981. Aggrieved, the petitioner preferred a representation dated 26.2.1996 (Annexure P-5) followed by another representation Annexure P-6. The petitioner obtained information (Annexure P-7) under the RTI Act wherein it is mentioned that one Jalim Singh’s age was corrected pursuant to the finding of Age Determination Committee (ADC). It is urged that the date of birth mentioned in Annexure P-2 may be treated as corrected date of birth.
3. The respondents in the return contended that the petition suffers from delay and latches. The petitioner being a “workman” under the Industrial Disputes Act, 1947 has an alternative remedy. The disputed questions of facts are involved, which cannot be decided in writ jurisdiction. The petitioner is “estopped” from challenging the date of birth, which was accepted by him during the service career. The copy of service register (Annexure R-1), service excerpts of petitioner and relevant copy of Form-B register are filed as Annexure R-2 and R-3. In addition, copy of statutory forms PS-3 and PS-4 (Annexure R-4 and R-5 respectively) are also filed to show that the date of birth of the petitioner is consistently recorded as 22.11.1957 in all the records. In reply to Para 5.2, it is urged that on the basis of 9th Class marksheet, the date of birth cannot be altered. Reliance is placed on Implementation Instructions No. 76 (I.I. No. 76) (Annexure R-6). It is candidly admitted in this para that said I.I. No. 76 is binding agreement between the employer and employee. The petitioner has never submitted the certificate (Annexure P-2) at the time of entering the service. Annexure P-5 does not bear the seal and signature of the department which creates doubt about genuineness of the said document. The statutory forms were prepared under various provisions of enactments including Mines Rules, 1955. There is no reason to deviate from the constant by recorded date of birth avaiable in various records. The petitioner did not raise any objection when Annexure R-2 was brought to his notice.
4. In the rejoinder submission, the petitioner reiterated his stand and ontended that he is claiming change in the entry relating to date of birth on the basis of Annexure P-2 and not on the basis of Class 9th certificate.
5. The employer has filed written arguments in the present case. Reliance is placed on an order of Division Bench passed in Writ Appeal No. 881/2016 (Shiv Prasad v. WCL) wherein the interference was declined on the ground of delay and on the ground that the date of birth of the workman is consistently shown in various service records as 1.1.1953. The employer relied upon the order dated 21.12.2016 passed in Writ Petition No. 15180/11 (Ram Prasad v. SECL) wherein interference was declined on the ground that the petitioner therein was unable to show that at the time of entering into the service, he produced the educational qualification certificate.
6. No other point is pressed by the parties.
7. I have carefully perused the record.
8. At first, I deem it apposite to deal with the question of delay in filing this petition which goes to the root of the matter. The petitioner was admittedly appointed in the year 1981 and he filed the present petition seeking alteration of date of birth in October, 2013. The employer by placing reliance on various documents filed with the
