Requests for changing recorded dates of birth in government service records cannot be entertained at the fag end of service without compelling evidence and adherence to procedural regulations.

ORDER :

With the consent of the parties, the matter is heard finally.

2. This petition has been filed under Article 226 of the Constitution of India by the petitioner seeking following relief(s):-

(i) That, the impugned order (Annexure P/1) may kindly be declared as illegal and the same may kindly be quashed.

(ii) That a direction may kindly be given to the respondents to correct the date of birth of the petitioner in the service book accordance with mark-sheet of 8^th Class.

(iii) That, any other relief which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

3. Learned counsel for the petitioner submits that petitioner entered into the employment initially as a daily wager employee on the post of labourer vide order dated 1.7.1974. It is further submitted that in the mark-sheet of Class- 8^th (1974) the date of birth is recorded as 2.4.1958. Such appointment is based into the selection process and got appointed after due selection. While appointing the petitioner as daily wager employee which is based on Class 8^th and the same was placed before the respondents/authorities and the petitioner has disclosed his actual date of birth as mentioned in the 8^th Class Examination i.e. 2.4.1958. On the basis of the same, the respondents are bound to prepare his service roll.

4. It is respectfully submitted that the petitioner was appointed in the respondent department and was performing his duties with honesty and dedication. During his tenure, several juniors were regularized by the respondents; however, the case of the petitioner was not considered for regularization. When the petitioner came to know in year 2009 that a new list for regularization was being prepared, he approached the Divisional Office, Sheopur where the petitioner came to know that his date of birth had been wrongly entered in the service book due to a clerical error. Accordingly, on 20.08.2009, the petitioner submitted an application to the department, along with his Transfer Certificate (T.C.), requesting correction of his date of birth in the service records. Thereafter, on 2.3.2016 the petitioner again submitted the representation. The petitioner has been victimized by not correcting his date of birth in accordance with mark-sheet. The petitioner has the right to get his date of birth corrected according to his 8th class mark-sheet. Therefore, the petitioner filed the present writ petition seeking the aforesaid relief.

5. Per-contra learned counsel for the respondent/State has submitted that this writ petition is highly misconceived, hence, deserves to be dismissed with a heavy cost. So many facts are suppressed by the petitioner deliberately and he has not come with clean hands before this Court claiming the relief in the present writ petition. The petitioner was initially appointed as labourer. Petitioner himself fulfilled his employment particulars with the department and he himself recorded his date of birth as 1.7.1955 on the basis of 8th Class mark sheet. He himself filled up all necessary information; therefore, he cannot take U-turn to correct his date of birth after so many years. The petitioner has fulfilled all such information including his date of birth i.e. 1.7.1955 with an open eyes now there is no occasion to change or correct date of birth in the petitioner's service roll. The petitioner has approached before this Court in the year 2017 while he entered into service in the year 1974. After so many decades, he has no authority in law to claim the relief to correct the record. It is further submitted that the petitioner himself was aware of his correct date of birth, and he personally filled in all necessary information, including his date of birth as 01.07.1955, in the service records and employment particulars, as is evident from the record. Therefore, at the fag end of his service, the petitioner cannot take a U-turn, as he had knowingly entered his date of birth in the service roll with open eyes. It is furt