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SUJOY PAUL
Prabhat Kumar Dwivedi – Appellant
Versus
Union of India – Respondent
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
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