Basanta Ram vs State of Himachal Pradesh

Sanjay Karol, J.—As per the service record, petitioner''s date of birth is recorded as 27.12.1951. He sought correction of the same to be 31.8.1955. He also approached this Court by way of CWP No. 1170 of 2011 titled as Basanta Ram Versus State of H.P & Ors. which was disposed of with a direction to the respondents to consider his case on merits. This was so done considering the objection taken by the State that petition is premature as petitioner''s case was pending for consideration before the competent authority.

Now in terms of impugned order dated 25.7.2011 his request stands rejected on the ground that not only petitioner was unable to place authentic record to prove his date of birth but also his request was delayed.

However in Court respondents have taken a different stand. Significantly, respondents have filed an affidavit clearly admitting the petitioner''s case. According to the affidavit dated 26.11.2011 filed by the District Panchayat Officer, Mandi upon verification by competent authority, petitioner''s date of birth was found to be 31.8.1955. This was on the basis of Pariwar Register produced by the Panchayat Secretary as also his statement. As such, impugned order dated 25.7.2011(Annexure P-10) is quashed.

Petitioner is to retire on 31.12.2011. Considering the stand now taken by the respondents, petition is disposed of with a direction to the competent authority/the Superintendent Engineer, IPH Division, Sundernagar, Distt. Mandi, H.P to take a fresh decision on the petitioner''s request for rectification of the service record with regard to his age. Needful be positively done within a period of 10 days from today. Learned Deputy Advocate General submits that order shall be immediately communicated to the competent authority.

With the aforesaid observations, present petition stands disposed of, so also the pending applications, if any.