Vijay Kumar Dhawan vs State of Punjab and Others

Permod Kohli, J.—I have heard the learned Counsel for the parties at length.

The Petitioner has filed this petition seeking a direction in the nature of mandamus for correction of his date of birth in the service record. The brief facts on the basis of which the present petition has been filed, are noticed hereunder.

The Petitioner joined this service in the Cooperative Department of the State of Punjab on 17th September. 1973 on the basis of his educational qualification Certificate i.e. Higher Secondary Part-I Certificate. In the said certificate his date of birth was recorded as 2nd March, 1951. It is alleged that the Petitioner later on came to know that his actual date of birth as 27th April, 1952. He accordingly approached the Principal, S.D. Higher Secondary School, Ferozepur, seeking information regarding his date of birth recorded in the school register. The Principal of the school aforesaid issued a certificate dated 25th September, 1976 (Annexure P-l) whereby the date of birth of the Petitioner was certified as 27th April, 1952 under registration No. 4128. The Petitioner has placed on record copy of the certificate issued by the Principal of the said school as also a copy of the admission register of the School as Annexures P-l and P-2, respectively. On the basis of the aforesaid document, the Petitioner seems to have approached the Punjab University, Chandigarh, the authority which issued the Higher Secondary Part-1 Certificate to the Petitioner, for correction of the date of birth. The Petitioner was informed,--vide letter dated 23rd December, 1988 (Annexure P-3) that the Syndicate of University has ordered correction of the date of birth from 2nd March. 1951 to 27th April, 1952 and a duplicate Higher Secondary Part-1 Certificate has also been issued in this regard. The Petitioner, accordingly, approached the Registrar, Cooperative Societies, Punjab, Chandigarh, for correction of his date of birth in the service record on the basis of the aforesaid record/ certificate issued by the University. The Petitioner claims to have made various representations in this regard. The Petitioner was informed by the Respondents,--vide letter dated 5th June. 1996 to the effect that his date of birth cannot be corrected because as per Punjab Civil Services Rules, an employee can get his date of birth corrected within two years from the date of joining of the service. The Petitioner joined service of the department on 17th September, 1973 whereas he has moved the application for the first time for correction of his date of birth on 26th April, 1989. It is alleged that the Petitioner submitted detailed reply to the said letter whereupon Respondent No. 2 on 17th February, 1990 (Annexure P-12) forwarded the matter to the Deputy Commissioner, Ferozepur and also asked to conduct a special enquiry in the matter and file his report. The Deputy Commissioner, Ferozepur, conducted enquiry and also called for the reports from the Focal Registrar, Births and Deaths, District Ferozepur, who reported that the Petitioner''s date of birth is recorded as 27th April, 1952, at serial No. 356 on 28th April, 1952 in the record. A separate report was also called from the Civil Surgeon, Ferozepur, who also certified that in the record of the Municipality, the Petitioner''s date of birth is recorded as 27th April, 1952.

The grievance of the Petitioner is that despite all these material and enquiry, the date of birth of the Petitioner has not been corrected and he is due to retire from service on 31st March, 2009.

Respondent No. 3, i.e. the Chief Registrar, Births and Deaths. Punjab, in the reply has supported the case of the Petitioner and stated that in the record of the Registrar, Births and Deaths, Municipal Council, Ferozepur City, the Petitioner''s date of birth is recorded as 27th April. 1952.--vide entry No. 356. dated 28th April, 1952. This entry also reads that a male child was born to Mangal Chand. son of Kalu Ram, which is Petitioner''s father name.

Respondent Nos. 1, 2 and 4 in their separate counter affidavit raised only objection that Petitioner''s date of birth could be altered within two years from the date of joining of the service in terms of Rule 2.5 of the Punjab Civil Services Rules, whereas the Petitioner has applied after more than 16 years from the date of joining his service. Other facts pleaded by the Petitioner and referred here-in-above, have not been disputed by Respondents at all.

Vide Civil Miscellaneous Application No. 3376 of 2009, the Petitioner has placed on record a copy of the letter dated 9th August, 2007 (Annexure P-18). This letter is from the A.C. (J)-cum-Dcputy Commissioner, Ferozepur, to the Registrar. Co-operative Societies, Punjab, Chandigarh, whereby it was communicated that the date of birth of the Petitioner i.e. 27th April, 1952 is correct on the basis of the record of Registrar, Births and Deaths, Municipality, Ferozepur and Civil Surgeon, Ferozepur.

The Petitioner has also referred to Punjab Government Circular dated 10th May. 1995 whereby it was notified that wherever the government employee ask for the change of date of birth, he should be provided an opportunity and ample time to get the same corrected. It also provides that the date of birth should not be changed without holding a special enquiry and such ease be referred to the Department of Personnel and Administrative Reforms.

In a similar matter, though arising out of a Civil Suit, this Court has upheld the contention of the Government employee for correction of the date of birth in the case of State of Punjab and Ors. v. Sat Parkash and Anr. 2002 (3) RSJ 763. In that case, Plaintiffs filed a suit for declaration three months prior from the date of retirement for correction of his date of birth on the basis of the documentary evidence of the schools attended by him. His claims for correction of date of birth of the Matriculation Certificate was accepted by the University by issuing a duplicate certificate. The suit was decreed by the Courts below and this Court also dismissed the Regular Second Appeal filed by the State-Respondents.

In the present ease, the Petitioner has been contesting since 1989 and all enquiries conducted by the Respondents have unequivocally concluded that actual date of birth of the Petitioner is 27th April. 1952. The Respondents also conducted Special Enquiry and concurred with the claim of the Petitioner. The concerned University has also altered the date of birth of the Petitioner recorded in the Higher Secondary Part-I Certificate. There is no reason to deny the correction of date of birth in the service record of the Petitioner.

for the reasons recorded above, this petition is allowed. The Respondents arc directed that the date of birth of the Petitioner be corrected in the service record from 2nd March, 1951 to 27th April, 1952. Consequently, the Petitioner shall be allowed to continue in service till he attains the age of superannuation on the basis of the corrected date of birth i.e. 27th April. 1952. No costs.