IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 09.04.2026 Neelam ..... Petitioner VERSUS The Municipal Corporation, Chandigarh and others ..... Respondents CORAM: HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. Ranjit Saini, Advocate, for the petitioner.

Mr. Ujval Mittal, Advocate, for the respondents.

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DEEPINDER SINGH NALWA, J.(Oral)

1 In the present writ petition, the petitioner has challenged the orders dated 10.10.2019 (Annexure P-7) and 26.08.2020 (Annexure P-9), whereby, request made by the petitioner for change of her date of birth from 08.05.1961 to 10.10.1969, has been rejected.

2. The brief facts of the present case are that the petitioner was appointed on regular basis as Safai Karamchari vide order dated 25.01.2017 on compassionate ground after the death of her husband, namely, late Sh. Joginder who expired on 18.02.2008. The petitioner was confirmed on the abovesaid post vide letter dated 05.06.2020 (Annexure P-3). As per the petitionier, it came to her notice that her date of birth was incorrectly mentioned as 08.05.1961 in the service record, whereas, her correct date of birth is 10.10.1969. The petitioner had placed reliance upon the School Leaving Certificate dated 05.04.1988 (Annexure P-5) issued to her by the school. The petitioner submitted an application dated 07.10.2019 (Annexure P-6) to the respondents, wherein, request was made by the petitioner for change of her date of birth from 08.05.1961 to 10.10.1969 relying on the School Leaving Certificate issued to her by the school. The abovesaid application submitted by the petitioner was rejected by the respondents vide order dated 10.10.2019 (Annexure P-7). It transpires that the petitioner again moved another representation on 15.06.2020 for correction of her date of birth. The abovesaid representation was again considered by the respondents and the claim made by the petitioner was rejected vide order dated 26.08.2020 (Annexure P-9). Aggrieved against the orders dated 10.10.2019 (Annexure P-7) and 26.08.2020 (Annexure P-9), the petitioner has filed the present writ petition.

3. Learned counsel appearing on behalf of the petitioner submits that as per the service record, the date of birth of the petitioner was mentioned as 08.05.1961. He submits that it came to the knowledge of the petitioner that the abovesaid date of birth mentioned in the service record was incorrect as per the School Leaving Certificate issued to her which is 10.10.1969. As such, the claim of the petitioner for correction of her date of birth should be accepted by the respondents and the same be recorded in the service record.

4. On the other hand, learned counsel appearing on behalf of the respondents submits that he does not dispute in regard to School Leaving Certificate issued to the petitioner, wherein, the date of birth is mentioned as 10.10.1969. He submits that request for change of date of birth made by the employee, can only be entertained within a period of 02 years, from the date of appointment/joining. Reliance is made to Rule 2.5 and Note 3 of Punjab Civil Services Rules, Volume-1, Part-1 as applicable to the petitioner. He further submits that no request for change of date of birth can be entertained after the expiry of the period of 02 years. It is the case of the learned counsel that, as the petitioner had requested for change of date of birth after the period of 02 years and 09 months from the date of appointment/joining, as such, request of the petitioner for change of date of birth in the service record has rightly been rejected in terms of the abovesaid rules.

5. I have heard the learned counsel appearing on behalf of the parties at length and have perused the record with their able assistance.

6. The only issue involved in the present case is that whether the date of birth of the petitioner can be corrected and recorded in the service record in light of the above-mentioned rules.

7. It is well settled law that the request for change of dat