Requests for correction of recorded date of birth at the end of service are usually unsustainable due to delay and must meet strict procedural requirements.

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 respondents be directed to record correct date of birth of the petitioner in his service roll on the basis of mark-sheet of Higher Secondary School Certificate Examination, which is the source to get employmentas Office Assistant Grade-III.

(ii) That, the order dated 21.3.2014 (Annexure- P/13) passed by the respondents superannuating the petitioner may kindly be quashed, which has been issued based on date of birth recorded in Middle School mark-sheet and be further directed to allow the petitioner to continue in service August, 2019 as per his actual date of birth.

(iii) That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may also be granted.

3. Learned counsel for the petitioner submits that he petitioner entered into the employment initially as Attendant Grade-II (Line) vide order dated January, 1986, wherein the necessary qualification is mentioned as 8th Pass. It is further submitted that in the mark-sheet of Class-VIII the date of birth is recorded as 8.5.1955. Such date of birth subsequently has been corrected and recorded as 6th August, 1959 in the Higher Secondary School Certificate Examination. Thereafter, the petitioner was appointed as Office Assistant Grade-III (Trainee) vide order dated 25.10.1989. Such appointment is based on Higher Secondary School Certificate Examination. It is further submitted that post of Assistant Grade-III, essential qualification is prescribed as per Higher Secondary and therefore, on the basis of Higher Secondary School Certificate Examination, the petitioner entered into the selection process and got appointed after due selection. While appointing as Office Assistant Grade-III, which is based on Higher Secondary School Certificate Examination and the same was placed before the respondents authorities and the petitioner has disclosed his actual date of birth as mentioned in the Higher Secondary School Certificate Examination i.e. 6th August, 1959. On the basis of the same, the respondents are bound to prepare his service roll.

4. It is further submitted that the petitioner has applied for Second Option on completion of 18 years of services. Such option was refused to accept by putting the remark ‘anomaly in the date of birth’. On completion of 18 years of services, the petitioner has applied for second option but the same was refused and returned by disputing the date of birth. This is the first time when the petitioner knowing the fact with regard to mentioning incorrect date of birth in the service roll. The date of birth of petitioner is mentioned on the basis of Class VIII mark- sheet instead of the Higher Secondary School Certificate Examination mark sheet. The date of birth is disclosed as 6th August, 1959, therefore the authority has demanded the original mark-sheet of Higher Secondary School Certificate Examination vide letter dated 5.09.2007 (Annexure P/6). The petitioner made efforts and made correspondence and making request for correction in the date of birth with due verification from the Board of Secondary Education. The Board of Secondary Education has written a letter dated 7th October, 2009, verifying the correct date of birth as recorded in the Higher Secondary School Certificate Examination Mark-sheet as 6th Augus