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WP No.2345/2015

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 2345/2015

Shriniwas s/o Prabhakar Karve,

Age: 57 years, occu. Service,

R/o. Hotel Ashwamedh, Aurangpura,

Aurangabad.

.. Petitioner

VERSUS

1.

The State of Maharashtra,

Through Chief Secretary,

Maharashtra State,

Mantralaya, Mumbai.

2.

Principle Secretary,

Tribal Development Department

Mantralaya, Mumbai -32.

3.

Principle Secretary,

The Finance Department,

Mantralaya, Mumbai - 32.

4.

Principle Secretary,

General Administration Department,

Mantralaya, Mumbai -32.

5.

Accountant General,

Maharshi Karve Road,

Mumbai.

.. Respondents

WITH

CONTEMP PETITION NO.716 OF 2015

Shriniwas s/o Prabhakar Karve,

Age: 57 years, occu. Service,

R/o. Hotel Ashwamedh, Aurangpura,

Aurangabad.

.. Petitioner

VERSUS

1.

Shri Swadhin Kshatriya,

Age : 58 years, Occu. Service,

Chief Secretary, Mantralaya,

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WP No.2345/2015

Mumbai -32.

2.

Shri Rajgopal Devra,

Age: 52 years, Occu. Service,

Secretary, Tribal Dev. Dept.

Mantralaya, Mumbai -32.

3.

Shri Sambhaji Madhukar Sarkunde,

Age:59 years, Occu. Service,

Commissioner, Tribal Research and

Training Institute,

28, Queen's Garden, Pune -1.

.. Respondents

...

Mr.Suresh M. Kulkarni, Advocate for Petitioner;

Mr.S.B.Yawalkar, AGP for Respondents / State.

-----

CORAM :

R.M.BORDE &

P.R.BORA,JJ.

DATE OF RESERVING JUDGMENT : 22

^nd March, 2016.

DATE OF PRONOUNCING JUDGMENT 22

^nd APRIL,2016

JUDGMENT (PER:-P.R.BORA,J.)

1)

Rule. Rule made returnable forthwith and

heard finally with consent of the learned Counsel

for the parties.

2)

The present petition illustrates the

harassment suffered by a gazetted officer because

of the indifferent and callous attitude and

approach of the Government officials, in getting

corrected his date of birth, which was wrongly

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WP No.2345/2015

recorded in his service book, without any fault

on his part,

3)

The petitioner was selected through MPSC

as a lecturer and joined his services in the year

1984. At the relevant time, the Service Books of

the Gazetted officers used to be retained by the

office of the Accountant General of Maharashtra.

The said practice suffered change in the year

1989 and the Service books were then transferred

to the parent department from 1991 onwards. It

is the specific case of the present petitioner

throughout that after the service books were

transfered to the parent department, the

petitioner came to know that his date of birth

has been wrongly recorded in the service book as

1st March, 1957 instead of 16th January, 1958.

4)

After being aware of the mistake so

occurred, the petitioner promptly filed a

representation on 4th February, 1993 with the

department for recording his correct date of

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WP No.2345/2015

birth in the service book. However, nothing was

done for years together and the date of birth of

the petitioner remained as 1st March 1957.

5)

As has been contended by the petitioner,

since in all other record including the seniority

lists prepared in the year 1984, and thereafter

his date of birth was correctly recorded as 16th

January, 1958 and as no such occasion arose which

would have caused any adverse effect on the

service career or future prospects of the

petitioner because of wrong date of birth

recorded in his service book, the petitioner did

not that zealously pursued the representation

submitted by him way back in the year 1993,

seeking correction in his date of birth.

6)

However, after waiting for a long period

when nothing was communicated to him, the

petitioner moved another application on 22nd

September,

2009,requesting

the

respondents/authorities to record his correct

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WP No.2345/2015

date of birth in the service record. In the said

representation the petitioner referred to his

earlier representation dated 4th February, 1993

a