JUDGMENT (Per M. M. SATHAYE, J) :

1. Rule. Rule made returnable forthwith. Heard finally by the consent of the learned Counsel for the parties.

2. This Petition is filed challenging the judgment and order dated 02/05/2024 passed by the Member, Maharashtra Administrative Tribunal in Original Application No. 30 of 2024. By the said impugned order, the prayer for change in the date of birth of the Petitioner in his service book, from 01/06/1966 to 24/12/1968 and prayer for grant of consequential service benefits, has been denied.

3. Few facts shorn of unnecessary details, are as under. The Petitioner was selected as Police Sub-Inspector and joined his service on 15/09/1993. On successful completion of training, a regular appointment order was issued and the Petitioner’s Service Book was opened, wherein his date of birth was recorded as 01/06/1966. This matches with Petitioner’s school leaving certificate (page 74 or 79 of petition). The Petitioner's father sworn an Affidavit on 23/05/1995, stating that the Petitioner's correct date of birth is 24/12/1968. The Petitioner made an application to the concerned Additional Commissioner of Police on 29/05/1995, requesting change of date of birth in service record. The Petitioner sent reminders on 08/01/1996 and 19/11/1996. The Petitioner thereafter secured an order from the Judicial Magistrate, First Class, Ghodnadi on 19/01/2022, whereby the Gram Panchayat of said village was directed to effect an entry of Petitioner’s date of birth as 24/12/1968 in the birth and death Register. A birth certificate was issued to the Petitioner on 08/02/2022 mentioning the Petitioner's date of birth as 24/12/1968. This was followed by publication in the Government Gazette about the said change on 27/07/2023. Thereafter, the Petitioner filed the aforesaid Original Application in January 2024 seeking directions to the Respondents to give effect to the order of the Judicial Magistrate, First Class thereby recording the Petitioner's date of birth in the service book as 24/12/1968 and to change the entire service record of the Petitioner and for consequential service benefits.

4. The Respondent-State filed its Affidavit-in-Reply opposing the said request, contending inter alia that as per Rule 38(2)(f) of the Maharashtra Civil Services (General Conditions) Rules, 1981 (for short “the MCS Rules of 1981”), change of date of birth is possible only when there is a clerical error on the part of the Government Department and the Application made within a period of 5 years from the date of entry of the government employee into the service. It is contented that the concerned office of the Respondent had requested the State Government to take a decision on the request of the Petitioner about the change of date of birth, vide the proposals dated 08/05/2023 and 17/11/2023. However, the State Government has rejected the request vide its letter dated 08/01/2024.

5. The Petitioner filed an Affidavit-in-Rejoinder, contending inter alia that he has filed an Application requesting for the change in date of birth, which is within the period of 5 years of joining the service. That thereafter it was obligatory on the concerned authority to decide the said Application, which is not done for last many years, which has resulted in filing of the Application before the Tribunal. He contended that he is due to retire on 31/05/2024 on attaining the age of superannuation. He contented that neither the proposal nor the decision taken thereon has been annexed to the reply or served upon him.

6. It is in this backdrop that the impugned order is passed.

SUBMISSIONS

7. Mr. Sakhare, learned Senior Advocate for the Petitioner submitted that the necessary Application for correction of date of birth has been filed within 5 years of joining the service and therefore, its pendency will not have any adverse effect. He submitted that reminder letters were sent, however, no decision was taken thereon by the concerned department. He submitted that the Regist